Settle a small estate in Massachusetts without probate
In Massachusetts this is called: Voluntary administration (Voluntary Administration Statement, collection of personal property by affidavit). If a Massachusetts resident left only personal property worth $25,000 or less (not counting one car), a family member or other interested person can file a short sworn statement with the Probate and Family Court and become a 'voluntary personal representative'.
Up to $25,000, 30 days after the death, filed with a court.
Checked against official sources: October 30, 2026.
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Free tools
Small estate checker
Add up the estate and compare it with the Massachusetts limit for the date of death.
Letter to a bank
Present your signed affidavit to a bank or other holder in Massachusetts.
Balance request letter
Ask a bank or holder for the balance on the date of death.
What-to-gather checklist
Papers, steps, forms and fees for Massachusetts, by procedure.
Car, bank, house in Massachusetts
Car or other vehicle
A married resident's passenger car or motorcycle passes to the surviving spouse by law unless the will says otherwise; the spouse uses the RMV Affidavit of Surviving Spouse with the death certificate and title, and no court case is needed.
Bank accounts
Money in a joint account with a surviving owner belongs to that person and is not part of the probate estate. For an account in the person's name alone, a voluntary personal representative (if the estate qualifies) or a court-appointed personal representative collects it.
Related pages
- Small estate affidavit in Massachusetts
- Car title after a death in Massachusetts
- Bank accounts after a death in Massachusetts
- Small estate checker for Massachusetts
- Letter to a bank in Massachusetts
- Balance request letter for Massachusetts
- What-to-gather checklist for Massachusetts
- All about small estates in Massachusetts
Voluntary Administration (Voluntary Administration Statement, form MPC 170)
You file a sworn statement listing everything the person owned with the county Probate and Family Court. The court gives you an attested copy, which you show to banks and others to collect the property.
- Limit
Up to $25,000
The person's estate must be made up only of personal property, worth $25,000 or less, not counting the value of a car. The court says this limit applies regardless of the date of death.
- What counts
The estate must be entirely personal property. Add up the value of the person's personal property in their name alone, not counting one motor vehicle. Property that passes by joint ownership, beneficiary designation or trust is not part of the probate estate. If the person owned any Massachusetts real estate in their name alone, voluntary administration cannot be used.
- Waiting period
At least 30 days must have passed since the death, and no petition to appoint a personal representative can have been filed.
- Who can use it
Any 'interested person' (for example a surviving spouse, child, other heir or a person named in the will). A creditor does not count as an interested person for this purpose. The filer does not have to live in Massachusetts. Parents cannot file for a minor child without court permission. If the person was receiving services from the Department of Mental Health, the Department of Developmental Services or MassHealth, a person those agencies designate may file. More than one interested person may file together as co-voluntary personal representatives.
- Court or where to file
Probate and Family Court in the county where the person lived at death (by eFiling, mail or in person).
- Notary
The statement is verified by oath or affirmation (signed under the penalties of perjury).
- Papers to attach
- Voluntary Administration Statement (MPC 170), listing every known asset and its estimated value, surviving joint owners, heirs and will beneficiaries
- Certified copy of the death certificate
- The original will, if there is one
- Affidavit as to Cause of Death (MPC 475), if the death certificate lists the cause as 'homicide' or 'pending'
- Affidavit of Domicile (MPC 485), if the person's address is wrong on the death certificate
- Certification on the statement that copies of the statement and death certificate were sent by certified mail to the MassHealth Estate Recovery Unit
- Steps
- Wait at least 30 days after the death.
- Fill in the Voluntary Administration Statement (MPC 170), listing every asset and its value.
- Send a copy of the statement and the death certificate by certified mail to the MassHealth Estate Recovery Unit, P.O. Box 15205, Worcester, MA 01615-0205.
- File the statement, a certified death certificate and any original will with the Probate and Family Court in the county where the person lived, and pay the $115 fee.
- Get the attested copy of the statement from the Register of Probate.
- Show the attested copy, a written receipt and the passbook, policy or other evidence of the asset to each holder to collect it.
- Pay funeral, last-illness and administration expenses first, then debts in the order set by law, then distribute what is left to the heirs or will beneficiaries.
- Fee
$115: a $100 filing fee for the statement plus a $15 surcharge to assign a docket number. This includes one attested copy of the statement; more attested copies of the statement cost $20 each.
- Debts and responsibility
A voluntary personal representative is liable as a personal representative 'in his own wrong' to anyone harmed by how they handle the estate, and must account to any personal representative appointed later. Anyone who receives property this way must account for it to an appointed personal representative or anyone with a better right to it. The voluntary personal representative may not charge a fee.
- What the bank or holder must do
A bank or other holder that pays or delivers property on the attested copy of the statement is released from liability as if it had dealt with a court-appointed personal representative, and does not have to check the truth of the statement, unless an appointed personal representative had already made a written demand on it. If the holder refuses, the people entitled to the property can bring a court proceeding to recover it.
Law: Mass. Gen. Laws ch. 190B, secs. 3-1201, 3-1202
Source: Official page
Small estates: summary administration procedure
After a personal representative has been appointed in a regular (informal or formal) probate case, if the estate is worth no more than the family allowances, exempt property, administration costs, reasonable funeral costs and last-illness medical bills, the representative can pay those, distribute the rest right away without notice to creditors, and close the estate with a sworn statement.
- Waiting period
The personal representative may distribute immediately after appointment if the estate qualifies.
- Who can use it
A personal representative already appointed by the Probate and Family Court (not a supervised personal representative).
- Court or where to file
Probate and Family Court in the county where the person lived, in the existing probate case.
- Notary
The closing statement is verified (sworn).
- Papers to attach
- Verified closing statement saying the estate (less liens and encumbrances) did not exceed the allowed items, that it has been fully distributed, and that copies were sent to distributees and known unpaid creditors
- Steps
- Be appointed personal representative in an informal or formal probate case.
- Check that the whole estate, less liens and encumbrances, is no more than family allowances, exempt property, administration costs, reasonable funeral costs and last-illness medical and hospital bills.
- Pay those items and distribute the estate to the people entitled to it.
- Send a copy of the closing statement to all distributees and to known creditors whose claims are unpaid and not barred, with a written account to affected distributees.
- File the verified closing statement with the court. If nothing is pending one year later, the appointment ends.
- Fee
This procedure is used inside an informal or formal probate case; that case's filing fees apply. Ask the Probate and Family Court registry.
Law: Mass. Gen. Laws ch. 190B, secs. 3-1203, 3-1204
Source: Official page
Surviving spouse transfer of a passenger vehicle (Affidavit of Surviving Spouse)
A married Massachusetts resident's passenger car or motorcycle passes to the surviving spouse by law, unless the will says otherwise. The spouse retitles it at the Registry of Motor Vehicles with an affidavit, without any court case.
- Waiting period
The law sets no waiting period.
- Who can use it
The surviving spouse of a married Massachusetts resident who owned a vehicle registered and used as a pleasure (passenger) vehicle.
- Court or where to file
Registry of Motor Vehicles service center (with a Registration and Title Application from an insurance agent if keeping the vehicle).
- Notary
The spouse signs the affidavit under the penalties of perjury.
- Papers to attach
- Affidavit of Surviving Spouse (RMV)
- Copy of the death certificate
- The certificate of title
- Registration and Title Application stamped by an insurance agent, if keeping and registering the vehicle
- Steps
- Fill in and sign the RMV Affidavit of Surviving Spouse, stating the vehicle was not left to someone else by will.
- To keep the vehicle, have an insurance agent complete and stamp a Registration and Title Application.
- Bring the affidavit, death certificate, title and application to an RMV service center. To sell, give the affidavit, death certificate and assigned title to the buyer.
- Fee
The law waives the title change fee for the spouse. RMV guidance shows $0 title fee and $0 sales tax for this transfer; registration renewal fees can apply if the registration is expired.
- What the bank or holder must do
On a proper application, the Registrar issues a new certificate of title to the spouse and sends notice of the transfer to any lienholder of record.
Law: Mass. Gen. Laws ch. 90D, sec. 15A
Source: Official page
What counts toward the limit in Massachusetts
Voluntary administration is only for an estate made up entirely of personal property. Add up the estimated value of the personal property in the person's name alone, but leave out one motor vehicle. Property that passes outside probate is not counted. The law does not say to subtract debts. If the person owned any Massachusetts real estate in their name alone, voluntary administration is not available.
Law: Mass. Gen. Laws ch. 190B, sec. 3-1201
| Kind of property | How it is treated | Details |
|---|---|---|
Bank accounts in the person's name alone | Counts | Bank accounts in the person's name alone count. Law: G.L. c. 190B, sec. 3-1201; MPC 961 (probate estate) |
Joint or payable-on-death (POD) bank accounts | Left out | Accounts held jointly with a surviving owner are not part of the probate estate and are not counted. Law: MPC 961 (probate estate = property in the person's name alone) |
Cars and other vehicles | Left out | One motor vehicle owned by the person is not counted toward the $25,000. A married resident's passenger car passes to the surviving spouse by law unless the will says otherwise. Law: G.L. c. 190B, sec. 3-1201; G.L. c. 90D, sec. 15A |
Boats and mobile or manufactured homes | Counts | A boat or other personal property in the person's name alone counts. Ask the Probate and Family Court registry how to treat a mobile home. Law: G.L. c. 190B, sec. 3-1201 |
Real estate in Massachusetts | Has its own procedure | Voluntary administration is only for estates with no real estate. If the person owned Massachusetts real estate in their name alone, an informal or formal probate case is needed (the summary procedure can then be used if the estate is very small). Law: G.L. c. 190B, secs. 3-1201, 3-1203 |
Main home (primary residence) | Has its own procedure | A home in the person's name alone means voluntary administration cannot be used; an informal or formal probate case is needed. A home held with a spouse as tenants by the entirety or in joint tenancy passes to the survivor. Law: G.L. c. 190B, sec. 3-1201 |
Real estate in another state | Not clear | Ask the Probate and Family Court registry how real estate in another state affects voluntary administration. Law: G.L. c. 190B, sec. 3-1201 |
Unpaid wages owed to the person | Counts | Unpaid wages are personal property and count. Separately, if the worker died without a will, a private employer may pay up to $100 of wages owed to the surviving spouse or an adult child (or, if there is neither, a parent) once 30 days have passed, if no estate has been opened or demanded payment. This does not apply to state or local government workers. Law: G.L. c. 190B, sec. 3-1201; G.L. c. 149, sec. 178A |
Military pay owed to the person | Not clear | Ask the Probate and Family Court registry how to list military pay owed to the person. Law: G.L. c. 190B, sec. 3-1201 |
Life insurance or retirement money paid to a named person | Left out | Life insurance, IRAs and retirement plans paid to a named beneficiary are generally not part of the probate estate and are not counted. Law: MPC 961 |
Life insurance or retirement money paid to the estate | Counts | Insurance or retirement money payable to the person's estate counts. Law: G.L. c. 190B, sec. 3-1201 |
Property in a living trust | Left out | Property held in a trust is not in the person's name alone and is not counted. Law: MPC 961 (probate estate) |
Property owned jointly with right of survivorship | Left out | Property held in joint tenancy or tenancy by the entirety passes to the surviving owner and is not counted. Law: MPC 961 |
Property going to a surviving spouse | Counts | Personal property in the person's name alone counts even if it will go to the spouse. Massachusetts has no separate higher limit for a spouse. Law: G.L. c. 190B, sec. 3-1201 |
Stocks, bonds and brokerage accounts | Counts | Stocks and bonds in the person's name alone count. Securities registered with a transfer-on-death beneficiary pass to that beneficiary. Law: G.L. c. 190B, sec. 3-1201; G.L. c. 201E |
Furniture, jewelry and other belongings | Counts | Furniture, jewelry and other belongings count at their estimated value. Law: G.L. c. 190B, sec. 3-1201 |
Source: Official page
Car or vehicle title after a death in Massachusetts
A married resident's passenger car or motorcycle passes to the surviving spouse by law unless the will says otherwise; the spouse uses the RMV Affidavit of Surviving Spouse with the death certificate and title, and no court case is needed. For other heirs, a voluntary personal representative (or an appointed personal representative) is treated as the estate's representative for vehicle transfers and can sign over the title. An heir who receives a vehicle from an estate can claim a sales or use tax exemption on Department of Revenue form MVU-27, with the personal representative's notice of appointment attached.
Law: Mass. Gen. Laws ch. 90D, sec. 15A
- Agency
- Massachusetts Registry of Motor Vehicles (RMV), MassDOT
- Fee
Title change fee waived for a surviving spouse. Other transfers pay the RMV's regular title and registration fees.
Source: Official page
Bank accounts after a death in Massachusetts
Money in a joint account with a surviving owner belongs to that person and is not part of the probate estate. For an account in the person's name alone, a voluntary personal representative (if the estate qualifies) or a court-appointed personal representative collects it. The bank must be shown the attested copy of the Voluntary Administration Statement, a written receipt and the passbook or other evidence of the account; a bank that pays on it is released from liability.
Law: Mass. Gen. Laws ch. 190B, secs. 3-1201, 3-1202
Source: Official page
Transfer-on-death (TOD) and payable-on-death (POD) in Massachusetts
- Real estate (TOD deed)
No
Massachusetts law does not provide a transfer-on-death deed for real estate. Real estate in the person's name alone usually goes through informal or formal probate; property held in joint tenancy or tenancy by the entirety passes to the surviving owner.
Law: Mass. Gen. Laws ch. 190B
- Vehicle title (TOD)
No
Law: Mass. Gen. Laws ch. 90D, sec. 15A (spouse only)
- Securities (TOD)
Yes
Law: Mass. Gen. Laws ch. 201E (Uniform Transfer on Death Security Registration Act)
Source: Official page
Surviving spouse in Massachusetts
A married Massachusetts resident's passenger car or motorcycle passes to the surviving spouse by law, unless the will says otherwise, and the spouse retitles it with the RMV's Affidavit of Surviving Spouse with the title fee waived. There is no separate, higher voluntary administration limit for a spouse. If there is no will, the spouse's share depends on the children and parents (see intestacy).
Debts of the person in Massachusetts
A voluntary personal representative must use the assets first to pay the necessary funeral and last-illness expenses and the expenses of administration (with no fee for their own services), then the person's debts in the order set by G.L. c. 190B, sec. 3-805, and only then distribute the balance. A voluntary personal representative is personally liable to anyone harmed by mishandling the estate.
Medicaid estate recovery in Massachusetts
Before filing for voluntary administration, you must send copies of the statement and the death certificate by certified mail to the MassHealth Estate Recovery Unit, P.O. Box 15205, Worcester, MA 01615-0205, and certify on the statement that you did. MassHealth recovers only from the probate estate (property in the person's name alone). For deaths on or after August 1, 2024, it seeks repayment for long-term services and supports received at age 55 or older, and for care during long-term stays in a nursing home or similar facility at any age. MassHealth waives recovery for every probate estate worth $25,000 or less, but still requires the notice. In a voluntary administration, MassHealth must present any claim within 4 months after the court dockets the statement. Recovery is deferred while there is a surviving spouse, a child under 21, or a blind or permanently and totally disabled child, and undue hardship waivers are available.
Law: Mass. Gen. Laws ch. 190B, sec. 3-1201; St. 2024, c. 197; MassHealth EOM 25-09
- Agency
- MassHealth Estate Recovery Unit (Executive Office of Health and Human Services)
- Official page
- Official page
Who inherits with no will in Massachusetts
If there is no will: the surviving spouse gets everything if the person left no children, grandchildren or parents, or if all the person's descendants are also the spouse's and the spouse has no other descendants. If no descendants but a parent survives, the spouse gets the first $200,000 plus three-quarters of the rest. If the spouse has children from another relationship, or the person has children who are not the spouse's, the spouse gets the first $100,000 plus half of the rest. Anything not going to the spouse goes to descendants, then parents, then brothers and sisters and their descendants, then the next of kin.
Law: Mass. Gen. Laws ch. 190B, secs. 2-102, 2-103
Source: Official page
Death certificates in Massachusetts
A certified copy of the death certificate must be filed with a voluntary administration. You can get it from the town or city hall where the person lived at death or from the Registry of Vital Records and Statistics. The Registry's recorded fee line is (617) 740-2600.
Law: MPC 961 Instructions
- Where to get it
- Registry of Vital Records and Statistics (Department of Public Health), or the clerk of the city or town where the person lived or died
- Official page
- Official page
Where to file in Massachusetts
A Voluntary Administration Statement is filed with the Probate and Family Court in the county where the person lived at death, online by eFiling, by mail or in person. The surviving spouse's vehicle transfer goes to the Registry of Motor Vehicles, not the court. Copies of the statement and death certificate go by certified mail to the MassHealth Estate Recovery Unit before filing.
Good to know in Massachusetts
- The $25,000 voluntary administration limit leaves out one motor vehicle, and the court says it applies regardless of the date of death (G.L. c. 190B, sec. 3-1201; MPC 961).
- A voluntary personal representative is not appointed by a judge and gets no letters of authority; their powers are limited to what sec. 3-1201 allows.
- For deaths on or after August 1, 2024, the Long-Term Care Act (St. 2024, c. 197) narrowed MassHealth estate recovery to what federal law requires (MassHealth EOM 25-09).
Changes in 2024–2026
St. 2024, c. 197 (Act to Improve Quality and Oversight of Long-Term Care, signed September 6, 2024): for MassHealth members who died on or after August 1, 2024, estate recovery is limited to what federal law requires (long-term services and supports at 55+, and institutional care at any age); MassHealth applied the policy from May 27, 2025 (EOM 25-09). No change to the $25,000 voluntary administration limit was found.
National rules that apply in every state
Federal estate tax
- For a person who died in 2026, a federal estate tax return (Form 706) is required only if the gross estate, plus certain lifetime taxable gifts, is more than $15,000,000.
- Most estates owe no federal estate tax and do not need to file a federal estate tax return.
Law: 26 U.S.C. 2010(c)(3) (as amended by Pub. L. 119-21)
The final income tax return
- Report all income up to the date of death and claim all eligible credits and deductions.
- Someone must file the final federal income tax return of a person who died, the same way it would have been filed if they were alive.
- To claim a refund due to the person who died, attach Form 1310 (Statement of Person Claiming Refund Due a Deceased Taxpayer).
Law: Form 1310 instructions (Rev. December 2025)
Social Security
- Social Security retirement benefits are paid through the month before the month the person died.
- If the person had enough Social Security work credits (was fully or currently insured), a one-time death payment of $255 (or three times the person's basic benefit, if that is smaller) can be paid to a surviving spouse who lived with the person.
Law: 42 U.S.C. 402(a), 402(i)
Savings bonds
- If the person's savings bonds and other Treasury securities held directly with the Treasury are worth more than $100,000 at the date of death, the Treasury requires a court-administered estate.
Law: 31 CFR 353.71; FS Form 5336 (Rev. April 2026)
Debts
- Debts are generally paid from the money and property the person left (the estate).
- If the estate cannot pay a debt and no one else shared responsibility for it, the debt may go unpaid.
- You may have to pay if you co-signed the loan, were a joint account holder on a credit card (not just an authorized user), or state law makes a spouse responsible for certain debts, such as in community property states or states with laws on necessary costs like health care.
Law: 12 CFR 1006.6(a)(4)
A house with a mortgage
- For a home with fewer than five units, a lender may not call the whole loan due just because the home passes to a relative after the borrower's death, to a spouse or children who become owners, or to a surviving joint owner.
- Https://www.consumerfinance.gov/ask-cfpb/how-do-i-get-mortgage-information-about-a-home-i-inherited-en-217/
- Https://www.consumerfinance.gov/ask-cfpb/i-recently-inherited-a-house-the-mortgage-lender-said-its-required-to-determine-my-ability-to-repay-before-it-will-let-me-take-over-the-mortgage-loan-is-this-true-en-1939/
Law: 12 U.S.C. 1701j-3(d)(3), (5), (6); 12 CFR 1024.30(d), 1024.31
FDIC insurance on bank accounts
- After a deposit owner dies, FDIC insurance on the account stays the same for six months, unless the account is restructured.
Law: 12 CFR 330.3(j)
Medicaid estate recovery
- States must try to recover some Medicaid costs from the estate of a person who got benefits at age 55 or older: nursing facility services, home and community-based services, and related hospital and prescription drug services.
- The 'estate' includes at least the property in the person's probate estate under state law.
- Https://www.govinfo.gov/link/uscode/42/1396p?type=usc&year=mostrecent&link-type=html
Law: 42 U.S.C. 1396p(b)
Death certificates
- Certified copies of a death certificate come from the vital records office of the state where the death happened, not from the federal government.
Free help in Massachusetts
A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.
- Massachusetts Trial Court Court Service Centers (free help for people without lawyers)
- Massachusetts Trial Court Law Libraries
- Mass.gov: File a voluntary administration for an estate
- Mass.gov: Learn about the types of probate for an estate
- MUPC Estate Administration Procedural Guide: Voluntary Administration
- Instructions for Voluntary Administration (MPC 961)
- LawHelp.org
- Legal Services Corporation (LSC) - Find legal aid
- Eldercare Locator · 1-800-677-1116
- Consumer Financial Protection Bureau (debt collection and mortgage complaints) · (855) 411-2372
More help on our sister sites
Questions about small estates in Massachusetts
What is a small estate affidavit called in Massachusetts?
In Massachusetts this is called: Voluntary administration (Voluntary Administration Statement, collection of personal property by affidavit). If a Massachusetts resident left only personal property worth $25,000 or less (not counting one car), a family member or other interested person can file a short sworn statement with the Probate and Family Court and become a 'voluntary personal representative'.
What is the small estate limit in Massachusetts?
Up to $25,000, 30 days after the death, filed with a court.
How long do I wait in Massachusetts?
At least 30 days must have passed since the death, and no petition to appoint a personal representative can have been filed.
Do I have to go to court in Massachusetts?
Probate and Family Court in the county where the person lived at death (by eFiling, mail or in person).
How do I transfer a car after a death in Massachusetts?
A married resident's passenger car or motorcycle passes to the surviving spouse by law unless the will says otherwise; the spouse uses the RMV Affidavit of Surviving Spouse with the death certificate and title, and no court case is needed.
What happens to a bank account after a death in Massachusetts?
Money in a joint account with a surviving owner belongs to that person and is not part of the probate estate. For an account in the person's name alone, a voluntary personal representative (if the estate qualifies) or a court-appointed personal representative collects it.
Who inherits in Massachusetts if there is no will?
If there is no will: the surviving spouse gets everything if the person left no children, grandchildren or parents, or if all the person's descendants are also the spouse's and the spouse has no other descendants.
Do I owe the person's debts in Massachusetts?
A voluntary personal representative must use the assets first to pay the necessary funeral and last-illness expenses and the expenses of administration (with no fee for their own services), then the person's debts in the order set by G.L. c.
- Mass. Gen. Laws ch. 190B, sec. 3-1201 (malegislature.gov)
- Mass. Gen. Laws ch. 190B, sec. 3-1202
- Mass. Gen. Laws ch. 190B, secs. 3-1203, 3-1204
- Mass. Gen. Laws ch. 90D, sec. 15A
- Mass. Gen. Laws ch. 149, sec. 178A
- MUPC Estate Administration Procedural Guide: Voluntary Administration (updated Sept. 23, 2026)
- Instructions for Voluntary Administration (MPC 961)
- Mass.gov: File a voluntary administration for an estate
- RMV Affidavit of Surviving Spouse
- MassHealth Estate Recovery FAQs
- MassHealth EOM 25-09 (May 2025)
- CDC NCHS Where to Write for Vital Records: Massachusetts