Skip to Content

General Laws

Section 6-101. [Nonprobate Transfers on Death.]

(a) A provision for a nonprobate transfer on death in an insurance policy, contract of employment, bond, mortgage promissory note, certificated or uncertificated security, account, agreement, custodial agreement, deposit agreement, compensation plan, pension plan, individual retirement plan, employee benefit plan, trust, conveyance, deed of gift, marital property agreement, or any other written instrument effective as a contract, gift, conveyance or trust, is nontestamentary.

(b) This subsection includes a written provision that:

(1) money or other benefits or property due to, controlled by, or owned by a decedent before death shall be paid after the decedent’s death to a person whom the decedent designates either in the instrument or in a separate writing, including a will, executed either before, after, or at the same time as the instrument if:

(i) the original document specifically provides for disposition in accordance with the later instrument; or

(ii) the later instrument has independent significance such as a contract, gift, conveyance, trust or will.

(2) money due or to become due under the instrument ceases to be payable in the event of death of the promisee or the promisor before payment or demand.

(c) This section shall not limit rights of creditors under other laws of the commonwealth.

Error