What to gather for a small estate in Massachusetts

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

1. Wait at least 30 days after the death.
2. Fill in the Voluntary Administration Statement (MPC 170), listing every asset and its value.
3. 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.
4. 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.
5. Get the attested copy of the statement from the Register of Probate.
6. Show the attested copy, a written receipt and the passbook, policy or other evidence of the asset to each holder to collect it.
7. 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.

Forms

• MPC 170 Voluntary Administration Statement
• MPC 961 Instructions for Voluntary Administration with or without a Will

Law: Mass. Gen. Laws ch. 190B, secs. 3-1201, 3-1202

Source: Official page