Massachusetts Small Estate Affidavit
In Massachusetts, an individual has a choice of four (4) options for probating an estate: 1) informal probate, 2) formal probate, 3) late and limited formal probate, and 4) voluntary administration. Voluntary administration is the least complex of the options, and can be pursued using a Massachusetts Small Estate Affidavit. The state provides a specific Affidavit that must be used, a three-page form called “Voluntary Administration Statement (Form MPC 170)”. In order to qualify to use it, the state-mandated requirements noted below must be met.
The Commonwealth of Massachusetts provides a useful explanation of the four (4) different types of probating an estate. To ensure that a Small Estate Affidavit is the correct type to pursue, the applying individual should refer to the page, “Learn about the types of probate for an estate“.
Laws & Required Conditions
Maximum Estate Value: $25,000
Required Conditions: State mandated conditions must be upheld for the lawful execution of a Massachusetts Small Estate Affidavit to take place, as follows:
- The Decedent must have been a Massachusetts resident
- The Decedent must not have left behind real estate,
- The Decedent must have passed away at least thirty (30) days prior, and
- The Petitioner must be an “interested person”.