Small estate affidavit in Massachusetts: who can use it and how

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.

Up to $25,000, 30 days after the death, filed with a court.

Checked against official sources: October 30, 2026.

Voluntary Administration (Voluntary Administration Statement, form MPC 170)

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.

Forms

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

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

Questions about small estates in Massachusetts

How long must I wait to use the affidavit in Massachusetts?

At least 30 days must have passed since the death, and no petition to appoint a personal representative can have been filed.

What does the affidavit cost in Massachusetts?

$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.

Am I responsible for debts if I use the affidavit in Massachusetts?

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.