Massachusetts Small Estate Affidavit
Massachusetts uses voluntary administration rather than a bank-presented affidavit. An interested person files a statement with the Probate and Family Court for an estate of personal property up to $25,000, plus one motor vehicle, after 30 days. Attorney review available.
Introduction
A small estate affidavit is a sworn statement that lets a person entitled to a decedent's property collect it without full probate, and the Massachusetts version is limited to an estate made up entirely of personal property: up to $25,000 of it plus one motor vehicle the decedent owned. Massachusetts calls its version voluntary administration, and it is a statement filed with the Probate and Family Court under Massachusetts General Laws Chapter 190B, Section 3-1201, rather than an affidavit handed to a bank. It is available only when the decedent's estate consists entirely of personal property. The value may include one motor vehicle the decedent owned, and the other personal property must not exceed $25,000 in value (Section 3-1201). The statement may be filed only after 30 days have elapsed since the death, and only if no petition for the appointment of a personal representative has been filed in the county where the decedent resided (Section 3-1201). Real property cannot be transferred through voluntary administration; an estate that includes real estate needs formal or informal probate instead. Any interested person, such as a surviving spouse or heir, may file the statement, and the original of any will is filed with it. After the statement is filed on the form prescribed by the court, the register issues an attested copy that the voluntary personal representative uses to collect the personal property. Because the court sets the form and the filing fee, confirm the current form and fee with the Probate and Family Court before you file. DocDraft builds your Massachusetts voluntary administration statement from your facts, with attorney review available before you sign.
Key Things to Know
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A small estate affidavit is a sworn statement used to collect a decedent's property without full probate; in Massachusetts it takes the form of voluntary administration, a statement filed with the Probate and Family Court under G.L. c. 190B, Section 3-1201.
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Massachusetts files the voluntary administration statement with the Probate and Family Court of the county where the decedent resided, on a court-prescribed form, not with a bank or other asset holder.
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It is available only when the estate consists entirely of personal property, with other personal property not exceeding $25,000 in value (G.L. c. 190B, Section 3-1201).
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One motor vehicle the decedent owned may be included on top of the $25,000 limit; that is, the vehicle is excluded from the ceiling (Section 3-1201).
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The statement may be filed only after 30 days have elapsed since the death of the decedent (Section 3-1201).
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Real property cannot pass through voluntary administration, and the statement may not be filed if a petition for appointment of a personal representative has already been filed (Section 3-1201).
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Any interested person may file, the original of any will is filed with the statement, and the register issues an attested copy that lets the voluntary personal representative collect the personal property.
Key decisions before you file
Before you file a Small Estate Affidavit in Massachusetts, a few decisions shape the document: which option to choose and what each one means. The Small Estate Affidavit guide walks through them.
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Massachusetts Requirements for Small Estate Affidavit
In Massachusetts the voluntary administration statement may be filed only after 30 days have elapsed since the death of the decedent (G.L. c. 190B, Section 3-1201). It cannot be filed sooner, so the 30-day wait is a firm requirement of the statute.
Voluntary administration is available only when the estate consists entirely of personal property, with the other personal property not exceeding $25,000 in value (G.L. c. 190B, Section 3-1201). If the estate holds more than $25,000 of other personal property, voluntary administration is not available.
One motor vehicle the decedent owned may be included on top of the $25,000 limit; that is, the value of one vehicle is excluded from the $25,000 ceiling on other personal property (G.L. c. 190B, Section 3-1201). Only the other personal property is measured against the limit.
The estate must consist entirely of personal property (G.L. c. 190B, Section 3-1201). Real property cannot be transferred through voluntary administration, so a Massachusetts estate that includes a house or land must go through formal or informal probate instead.
The voluntary administration statement is filed with the Probate and Family Court of the county in which the decedent resided, on a form prescribed by the court (G.L. c. 190B, Section 3-1201). Massachusetts does not use a bank-presented affidavit. The court sets the form and the filing fee, so confirm the current requirements before filing.
The statement may not be filed if a petition for the appointment of a personal representative has already been filed with the court of the county in which the decedent resided (G.L. c. 190B, Section 3-1201). If formal or informal probate has been started, voluntary administration is not available.
Any interested person, such as a surviving spouse or heir, may file the statement (G.L. c. 190B, Section 3-1201). For a decedent who was receiving services from the Department of Mental Health, the Department of Developmental Services, or the Division of Medical Assistance, a designated person may act as the voluntary personal representative.
The original of any will of the decedent is filed with the statement, and after filing the register issues an attested copy that the voluntary personal representative uses to collect the personal property (G.L. c. 190B, Section 3-1201). Where the decedent received MassHealth benefits, a copy of the statement and death certificate is sent to the Division of Medical Assistance by certified mail.
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It is the sworn document used to collect a decedent's property without full probate, but Massachusetts does not hand an affidavit to a bank. In Massachusetts the equivalent is voluntary administration, a statement filed with the Probate and Family Court under G.L. c. 190B, Section 3-1201. It is available when the estate consists entirely of personal property, with other personal property not exceeding $25,000 in value, plus one motor vehicle the decedent owned, and at least 30 days have passed since the death.
Formal and informal probate in Massachusetts appoint a personal representative, give notice, and can take months. Voluntary administration is a lighter court process for a small estate: under G.L. c. 190B, Section 3-1201 an interested person files a short statement with the Probate and Family Court, the register issues an attested copy, and the voluntary personal representative collects the personal property. It is available only when the estate is entirely personal property within the $25,000 limit and no personal representative petition has been filed.
The estate must consist entirely of personal property, and the other personal property must not exceed $25,000 in value (G.L. c. 190B, Section 3-1201). On top of that, one motor vehicle the decedent owned may be included and is excluded from the $25,000 ceiling. If the Massachusetts estate holds more than $25,000 of other personal property, or any real estate, voluntary administration is not available and formal or informal probate is used instead.
The voluntary administration statement may be filed only after 30 days have elapsed since the death of the decedent (G.L. c. 190B, Section 3-1201). The statement cannot be filed sooner, and it also may not be filed if a petition for appointment of a personal representative has already been filed in the county where the decedent resided. In Massachusetts the 30-day wait is a firm requirement of the statute.
No. Voluntary administration is available only when the estate consists entirely of personal property (G.L. c. 190B, Section 3-1201), so it cannot transfer real estate. A Massachusetts estate that includes a house or land must go through formal or informal probate instead. Voluntary administration reaches personal property such as bank accounts, wages, and one motor vehicle the decedent owned, and nothing more.
Any interested person, such as a surviving spouse or heir, may file the voluntary administration statement (G.L. c. 190B, Section 3-1201). For a decedent who at death was receiving services from the Department of Mental Health, the Department of Developmental Services, or the Division of Medical Assistance, a person designated to act as a voluntary personal representative may file. The person who files becomes the voluntary personal representative for collecting the personal property.
It is filed with the Probate and Family Court of the county in which the decedent resided, on a form prescribed by the court (G.L. c. 190B, Section 3-1201). Massachusetts does not use a bank-presented affidavit. After filing, the register issues an attested copy that the voluntary personal representative presents to banks and other holders to collect the personal property. Confirm the current court form and filing fee with that Probate and Family Court before filing.
The statement is filed on a form prescribed by the Probate and Family Court, and the original of any will of the decedent is filed with it (G.L. c. 190B, Section 3-1201). Where the decedent received MassHealth benefits, a copy of the statement and the death certificate must be sent to the Division of Medical Assistance by certified mail. The specific court form number and the filing fee are set by the court, so confirm the current Massachusetts requirements before filing.