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Voluntary Administration ("Collection of Personal Property…Verified against the statute July 29, 2026

Massachusetts Small Estate Affidavit

Massachusetts lets the next of kin collect a deceased person’s property without opening probate when the estate is worth $25,000 or less and 30 days have passed since the death. Here is exactly how it works, and how to use it.

Check if you qualifyHow to use it

Massachusetts at a glance

Estate value limit
$25,000
Gross value
Wait after death
30 days
Before the affidavit can be presented
File with a court?
Yes, required
Court approval comes first
Covers real property?
No
Real property needs the court
Notary required?
Yes
Sign in front of a notary
Who can sign
"Any interested person" may file
Per the statute

Is your estate under the $25,000 limit?

Enter a rough total of what they owned in their own name alone. Leave out jointly-held accounts and anything with a named beneficiary. Those don’t count.

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The $25,000 limit, and what actually counts

Estate must consist entirely of personal property. The cap is $25,000 of personal property, excluding one motor vehicle of which the decedent was the owner (the vehicle's value does not count against the $25,000). Statutory language: "an estate consisting entirely of personal property the total value of which may include a motor vehicle of which the decedent was the owner, and other personal property not exceeding $25,000 in value." Gross value of probate personal property; the statute contains no express lien/encumbrance deduction and no express exclusion for non-probate assets, though joint/beneficiary-designated assets are outside the probate estate by operation of law (the statement must separately list surviving joint owners under clause (f)). Any real property whatsoever disqualifies the estate.

What doesn't count toward the limit

This is where most people wrongly rule themselves out. In Massachusetts, these are left out of the calculation:

  • Liens and encumbrances on estate property
  • Vehicles, where separately excluded
  • Real property

The 30-day waiting period

Counted in calendar days from the date of death.

Who can sign the affidavit

"Any interested person" may file. Alternatively, where the decedent at death was receiving services from the Department of Mental Health, the Department of Developmental Services, or the Division of Medical Assistance, any person designated by that agency to act as voluntary personal representative may file. There is no statutory priority ranking among interested persons and no requirement that other heirs consent or be given notice before filing (contrast the notice regime for formal/informal probate). The filer becomes the "voluntary personal representative" and serves without fee for their services.

Check whether your state requires the will to be filed with the court before the affidavit is used.

The affidavit must be signed in front of a notary. Most banks and UPS Stores have a notary; many charge under $15.

Can it transfer a house or land in Massachusetts?

Real property does not pass under this affidavit.

How to use a small estate affidavit in Massachusetts

  1. 1

    Confirm you're under the limit and past the wait

    Add up the property that passes through the estate and check it against the $25,000 ceiling. Estate must consist entirely of personal property. The cap is $25,000 of personal property, excluding one motor vehicle of which the decedent was the owner (the vehicle's value does not count against the $25,000). Statutory language: "an estate consisting entirely of personal property the total value of which may include a motor vehicle of which the decedent was the owner, and other personal property not exceeding $25,000 in value." Gross value of probate personal property; the statute contains no express lien/encumbrance deduction and no express exclusion for non-probate assets, though joint/beneficiary-designated assets are outside the probate estate by operation of law (the statement must separately list surviving joint owners under clause (f)). Any real property whatsoever disqualifies the estate.

  2. 2

    Gather the documents

    You'll need certified copies of the death certificate: order at least three, since institutions often keep one: plus account numbers, the vehicle title or VIN, and the names and addresses of every heir.

  3. 3

    Complete the affidavit

    Fill in Voluntary Administration ("Collection of Personal Property by Affidavit"). Voluntary Administration Statement filed with the Probate and Family Court under M.G.L. c. 190B, § 3-1201. Note: despite the UPC caption "by affidavit," this is not a purely out-of-court affidavit: the sworn statement must be filed with and docketed by the Register of Probate, who then issues an attested copy/certificate that is presented to banks, employers and the RMV., listing the decedent, the heirs and their relationships, the assets and their values, and the known debts.

  4. 4

    Sign it in front of a notary

    Sign in front of a notary public. Banks, credit unions and shipping stores all offer notarization, usually for a small fee.

  5. 5

    File it with the probate court

    The affidavit must be filed with the probate court.

  6. 6

    Present it to whoever holds the property

    Present the signed, notarized affidavit with a certified death certificate and your photo ID. The statute requires the holder to release the property and protects them for doing so.

Where to take the signed affidavit

The bank

Present the signed, notarized affidavit with a certified death certificate and your photo ID. The statute requires the holder to release the property and protects them for doing so.

The DMV

Ask your state's motor vehicle agency which affidavit it uses to transfer a title after death, most publish a dedicated form.

The employer

Final wages and accrued leave can usually be claimed with the same affidavit. Ask their payroll department what they need, most have a standard process.

Debts and your personal liability

In most states, collecting property under a small estate affidavit makes you responsible for applying it to the decedent's debts in the order the statute sets out before distributing anything to heirs.

When you can’t use it

Massachusetts takes the affidavit route off the table when:

  • Estate includes any real property. § 3-1201 requires an estate 'consisting entirely of personal property'; there is no Massachusetts small-estate affidavit for real estate
  • Personal property (other than one motor vehicle) exceeds $25,000 in value
  • Decedent was not domiciled in Massachusetts ('a person domiciled in the commonwealth dies')
  • Fewer than 30 days have elapsed since the date of death
  • A petition for appointment of a personal representative has already been filed in the Probate and Family Court for the county where the decedent resided
  • More than one motor vehicle, only 'a motor vehicle' is excluded from the cap; additional vehicles count toward the $25,000
  • Original will not filed with the statement (statute: 'The original of any will shall be filed with the above statement')
  • Failure to certify that copies of the statement and death certificate were sent to the Division of Medical Assistance (MassHealth) by certified mail
  • Estate too complex/contested for the voluntary PR's limited powers: the voluntary PR cannot sell real estate, has no letters of authority beyond the register's certificate, and any interested party can defeat the procedure by filing a petition for appointment of a PR
  • Institution has received a written demand from a duly appointed personal representative. That terminates the payor's safe harbor and effectively ends the voluntary route

If any of those apply, a probate attorney is the right call. A typical small-estate proceeding runs $1,000–$3,000 plus the court’s fee.

Massachusetts small estate affidavit FAQ

Statute and sources

Last verified July 29, 2026. No amendments identified in the last three years.

  • M.G.L. c. 190B, § 3-1201 (Collection of Personal Property by Affidavit / Voluntary Administration)
  • M.G.L. c. 190B, § 3-1202 (Effect of Affidavit, payor discharge)
  • M.G.L. c. 190B, § 3-1203 (Small estates; summary administration procedure, appointed PR only, not an affidavit route)
  • M.G.L. c. 190B, § 3-1204 (Small estates; closing by sworn statement)
  • M.G.L. c. 190B, § 3-805 (order of payment of debts, incorporated by § 3-1201)
  • M.G.L. c. 190B, § 3-101 (devolution of real and personal property at death, subject to administration)
  • M.G.L. c. 190B, § 3-108 (3-year limitation; late and limited formal testacy to confirm title)
  • M.G.L. c. 262, § 40 (filing fees)
  • M.G.L. c. 118E, § 32 (MassHealth estate recovery, incorporated by § 3-1201)
  • M.G.L. c. 90, § 2 (deceased owner's vehicle registration; voluntary PR deemed PR)
  • M.G.L. c. 175, § 113A(6) (motor vehicle insurance; voluntary PR deemed PR)
  • M.G.L. c. 183, § 5B (affidavit recorded in registry of deeds, evidence of chain of title only, does not transfer title)

Kinclaim is not a law firm and does not provide legal advice. We provide self-help software and statutory forms.