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State rules · Massachusetts

Massachusetts: estate, probate and Medicaid rules in one place

What applies in Massachusetts, collected from the site’s state datasets: estate and inheritance tax, transfer-on-death deeds, small-estate procedure, Medicaid long-term-care rules, and state income tax on retirement income. Where the dataset holds a source, the entry links it with its effective marker and check date; where it does not, the entry shows its verification status and the reason.

Quick answers

Does Massachusetts have a state estate tax?

State estate tax: Yes (Mass. Gen. Laws ch. 65C, § 2A). Estate-tax exemption: $2,000,000 (Mass. Gen. Laws ch. 65C, § 2A; 2026 deaths). Estate-tax top rate: 16% (Mass. Gen. Laws ch. 65C, § 2A; 2026 deaths).

Does Massachusetts have an inheritance tax?

Inheritance tax: No (Mass. Gen. Laws ch. 65C, § 2A).

Can you use a transfer-on-death deed in Massachusetts?

Transfer-on-death deed for real estate: None — not available for real property. No TOD-deed statute — confirm with the Registry of Deeds or an attorney

What is the Medicaid look-back period in Massachusetts?

Look-back period: 60 months for transfers made on or after February 8, 2006 (MassHealth financial-eligibility regulation 130 CMR 520.019; Transmittal by Eligibility Letter 239; revised July 1, 2021).

Does Massachusetts tax Social Security benefits?

Social Security benefits: Exempt (2025 Massachusetts Form 1 Instructions; tax year 2025).

State estate tax

Estate-tax dataset 2026.v2

State estate tax
YesVerified

Source: Mass. Gen. Laws ch. 65C, § 2A · Checked July 18, 2026

Estate-tax exemption
$2,000,000Verified

Source: Mass. Gen. Laws ch. 65C, § 2A · Effective: 2026 deaths · Checked July 18, 2026

Estate-tax filing threshold
$2,000,000Verified

Source: Mass. Gen. Laws ch. 65C, § 2A · Checked July 18, 2026

Estate-tax top rate
16%Verified

Source: Mass. Gen. Laws ch. 65C, § 2A · Effective: 2026 deaths · Checked July 18, 2026

Inheritance tax

Estate-tax dataset 2026.v2

Inheritance tax
NoVerified

Source: Mass. Gen. Laws ch. 65C, § 2A · Checked July 18, 2026

Transfer-on-death deed

Transfer-on-death deed for real estate
None — not available for real propertyNot primary-verified

No TOD-deed statute — confirm with the Registry of Deeds or an attorney

· Checked July 26, 2026

Controlling statute
Not primary-verified

No TOD-deed statute — confirm with the Registry of Deeds or an attorney

· Checked July 26, 2026

Small-estate procedure

Current rule
$25,000 personal property plus one motor vehicle; file after 30 daysVerified

Source: MGL ch. 190B § 3-1201 · Effective: current · Checked August 23, 2026

Medicaid long-term-care eligibility

Medicaid dataset 2026.v16

Institutional long-term-care personal-needs allowance
$72.80 per monthVerified
  • Applies to: institutionalized applicant; this is an allowance after eligibility, not a gross-income ceiling.

Source: MassHealth 2026 program financial guidelines, January standards · Effective: Cited annual figures effective January 1, 2026 · Checked September 5, 2026

Institutional gross-income eligibility rule
Not yet verified
  • Applies to: institutionalized applicant; post-eligibility applied-income rules are distinct from gross eligibility.

The reviewed primary material did not provide a current, effective-dated value or rule for this cell.

· Checked September 5, 2026 · Ask the state agency

Income limit for specified HCBS and PACE pathways
$2,982 per monthVerified
  • Applies to: single applicant in a pathway using 300% of the SSI federal benefit rate.

Source: MassHealth 2026 program financial guidelines, January standards · Also: CMS 2026 SSI and spousal-impoverishment standards · Effective: Cited annual figures effective January 1, 2026 · Checked September 5, 2026

Institutionalized-applicant resource limit
$2,000Verified
  • Applies to: single institutionalized applicant.

Source: MassHealth 2026 program financial guidelines, January standards · Effective: Cited annual figures effective January 1, 2026 · Checked September 5, 2026

Community-spouse resource allowance
$32,532 minimum to $162,660 maximumVerified
  • Applies to: institutionalized applicant with a community spouse; actual allowance depends on assessed resources and adjustments.

Source: MassHealth 2026 program financial guidelines, January standards · Effective: Cited annual figures effective January 1, 2026 · Checked September 5, 2026

Community-spouse monthly maintenance-needs allowance
$2,705 minimum to $4,066.50 maximumVerified
  • Applies to: institutionalized applicant with a community spouse; $811.50 shelter standard and spouse income affect the actual allowance.

Source: MassHealth 2026 program financial guidelines, July standards · Also: CMS July 2026 spousal-impoverishment update · Effective: Current minimum maintenance-needs and shelter figures effective July 1, 2026 · Checked September 5, 2026

Home-equity limit
$1,130,000Verified
  • Applies to: applicant subject to the substantial-home-equity rule.

Source: MassHealth 2026 program financial guidelines, January standards · Effective: Cited annual figures effective January 1, 2026 · Checked September 5, 2026

Medicaid look-back

Medicaid dataset 2026.v16

Look-back period
60 months for transfers made on or after February 8, 2006Verified

Source: MassHealth financial-eligibility regulation 130 CMR 520.019 · Effective: Transmittal by Eligibility Letter 239; revised July 1, 2021 · Checked September 5, 2026

Transfer-penalty divisor
$450 per dayVerified

Source: MassHealth 2026 program financial guidelines, January standards · Effective: Cited annual figures effective January 1, 2026 · Checked September 5, 2026

How the state administers the penalty
MassHealth denies payment for nursing-facility and Frail Elder Waiver services during a disqualifying transfer period when resources were transferred for less than fair-market value. The baseline date is the first date the person is both in a nursing facility and has applied for or is receiving MassHealth Standard.Verified

Source: MassHealth financial-eligibility regulation 130 CMR 520.019 · Effective: Transmittal by Eligibility Letter 239; revised July 1, 2021 · Checked September 5, 2026

Medicaid estate recovery

Medicaid dataset 2026.v16

Recovery scope
For deaths on or after August 1, 2024, recovery is limited to federally required nursing-facility, HCBS, and related hospital and prescription services received at age 55 or older, plus the federally required permanently institutionalized category.Verified

Source: MassHealth estate-recovery overview · Also: Massachusetts General Laws chapter 118E, section 31 · Effective: Service-scope rules apply to deaths on or after August 1, 2024 · Checked September 5, 2026

Controlling authority
Massachusetts General Laws chapter 118E, section 31Verified

Source: Massachusetts General Laws chapter 118E, section 31 · Effective: Current statute amended effective June 12, 2026 · Checked September 5, 2026

Exemptions and deferrals
Recovery waits until there is no surviving spouse and no surviving child under 21 or blind or disabled.Verified

Source: Massachusetts General Laws chapter 118E, section 31 · Also: MassHealth estate-recovery overview · Effective: Current statute amended effective June 12, 2026 · Checked September 5, 2026

Hardship waiver
The appointed personal representative or public administrator must submit the waiver request and supporting documents within 60 days after notice of the claim. MassHealth provides residence-based, care-provided, and income-based waiver paths; reducing an inheritance alone is not hardship.Verified

Source: MassHealth general-policy regulations 130 CMR 515.011 and 515.012 · Effective: Transmittal by Eligibility Letter 255; revised February 13, 2026 · Checked September 5, 2026

Lien practice
A pre-death lien requires institutionalization, no protected relative in the home, and a determination that the member cannot reasonably return home, with notice and fair-hearing rights. Collection is deferred for a qualifying one-year sibling or two-year caregiver child, and the lien is discharged if the member returns home.Verified

Source: MassHealth general-policy regulations 130 CMR 515.011 and 515.012 · Effective: Transmittal by Eligibility Letter 255; revised February 13, 2026 · Checked September 5, 2026

State income tax on retirement income

Retirement-income tax dataset 2026.v4

Social Security benefits
ExemptVerified
  • Massachusetts excludes Social Security benefits even when federally taxable.

Source: 2025 Massachusetts Form 1 Instructions · Effective: tax year 2025 · Checked August 13, 2026

Public pensions
Exempt when conditions are metVerified
  • U.S. government and Massachusetts contributory public pensions are exempt; another state's public pension is exempt only under Massachusetts's reciprocity rule.
  • Full exemption applies to qualifying U.S. government and Massachusetts contributory retirement plans.
  • An out-of-state public pension is exempt only when that state exempts comparable Massachusetts pensions.
  • A noncontributory government pension outside the listed exemptions remains taxable.

Source: 2025 Massachusetts Form 1 Instructions · Effective: tax year 2025 · Checked August 13, 2026

Private pensions
TaxedVerified
  • Most private pension and annuity income is taxable after recovery of contributions previously taxed by Massachusetts.
  • The taxable amount generally begins with the federal taxable portion.
  • Contributions previously taxed by Massachusetts are recovered before the remaining distribution is taxed.
  • A qualified rollover remains excluded to the extent it is excluded federally.

Source: 2025 Massachusetts Form 1 Instructions · Effective: tax year 2025 · Checked August 13, 2026

IRA and 401(k) distributions
TaxedVerified
  • Taxable IRA, Keogh, Roth-conversion, and employer-plan distributions are taxable after Massachusetts basis adjustments; qualified rollovers and federally nontaxable amounts remain excluded.
  • The taxable amount generally begins with the federal taxable portion.
  • Contributions previously taxed by Massachusetts are recovered before the remaining distribution is taxed.
  • A qualified rollover remains excluded to the extent it is excluded federally.

Source: 2025 Massachusetts Form 1 Instructions · Effective: tax year 2025 · Checked August 13, 2026

Military retirement pay
ExemptVerified
  • Noncontributory U.S. uniformed-services pensions and qualifying survivorship benefits are exempt.
  • The pension must be from the U.S. Army, Navy, Marine Corps, Air Force, Coast Guard, Public Health Service, or National Oceanic and Atmospheric Administration.
  • Qualifying survivorship benefits are included in the exemption.

Source: 2025 Massachusetts Form 1 Instructions · Effective: tax year 2025 · Checked August 13, 2026

About this page

This page assembles entries from datasets the site already publishes; it adds no figure of its own. Entries marked “Not yet verified” or “Pending” have no primary-source value in the underlying dataset yet. Rules change, so confirm anything you plan to act on with the source, the state agency, or a licensed attorney.

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