Small estate affidavit in Massachusetts (2026)

In Massachusetts, heirs can collect up to $25,000 without probate with a sworn affidavit (Voluntary administration statement (M.G.L. c.190B §3-1201; form MPC 170)). You must wait 30 days after the death. Real estate: not covered. Last checked October 23, 2026.

Massachusetts at a glance

Affidavit cap: $25,000
Waiting period: 30 days
If there is a will: Can still be used
File with a court: Yes
Real estate: Not covered
Court shortcut: Informal probate; small-estate summary distribution (M.G.L. c.190B §§3-1203, 3-1204)

Can you use it?

Enter the date of death and the value. Nothing you type leaves your browser.

Date of deathValue of what they owned in their own name ($)Leave out accounts with a beneficiary (POD/TOD), joint property and trust assets.

Includes a house or land in their name only I am the surviving spouse There is a will

Enter the date of death and the value

In Massachusetts the affidavit (or a related form) must be filed with the court in some or all cases — see the rules.

Massachusetts cap for this date of death

$25,000

A worked example for Massachusetts

Say a parent who lived in Massachusetts died on March 1, 2026, leaving $20,000 in a bank account in their name only and no house. $20,000 is within the $25,000 cap for that date of death, so the family can use the affidavit from March 31, 2026.

The rules in Massachusetts

The affidavit. An interested person files a sworn Voluntary Administration Statement with the Probate and Family Court. The register docketed copy lets this 'voluntary personal representative' collect the listed assets from banks and other holders. Unlike most states, it must be filed with the court.
Cap. Personal property up to $25,000, plus a car. The court guide says the limit applies as of the filing date, whatever the date of death. The statute does not say whether liens are subtracted.
What counts. Personal property only. The estate must consist entirely of personal property.
What doesn't count. One motor vehicle owned by the decedent is not counted toward the $25,000. Jointly owned property passing by law is outside the probate estate (court guide example).
Waiting period. The statement can be filed after 30 days from the death.
Conditions. The decedent lived in Massachusetts, and no petition to appoint a personal representative has been filed. Any original will must be filed with the statement. The filer must certify that copies of the statement and death certificate were sent to MassHealth by certified mail. Funeral, last-illness and administration costs are paid first, then debts in statutory order, then the rest goes to heirs.
Who can sign. Any interested person (a creditor does not count); the person need not live in Massachusetts. If the decedent got services from DMH, DDS or MassHealth, a person designated by that agency may act.
Court filing. File form MPC 170 with a certified death certificate (and any original will) at the Probate and Family Court in the county where the decedent lived: online, by mail or in person.
Fee. $115 ($100 filing fee + $15 surcharge), which includes one attested copy of the statement. Extra attested copies are $2.50 per page; unattested copies $1.00 per page.

Houses, land and vehicles

Real estate. Voluntary administration is only for estates made up entirely of personal property. Real estate in the decedent's name needs informal or formal probate.
Vehicles. One car is excluded from the $25,000 cap, and the voluntary personal representative counts as the estate's representative for RMV title purposes (c.90 §2). A surviving spouse can also transfer a car at the RMV without any court case (G.L. c.90D §15A).

When the affidavit isn't enough

Above the voluntary administration limit, or when there is real estate, a personal representative is appointed by informal or formal probate. If the estate (less liens) does not exceed allowances, exempt property, administration, funeral and last-illness costs, the representative may distribute at once without notice to creditors and close by sworn statement. There is no fixed dollar cap.

Good to know in Massachusetts

A voluntary personal representative is personally liable to anyone harmed by their administration and may not charge a fee.
MassHealth estate recovery: for some MassHealth recipients, MassHealth has 4 months from docketing to present a claim.
No Letters of Authority are issued; the register can issue a certificate of appointment for a fee.

Official help and forms

Sources

M.G.L. c.190B §3-1201 (read October 23, 2026)
M.G.L. c.190B §3-1202 (read October 23, 2026)
M.G.L. c.190B §3-1203 (read October 23, 2026)
M.G.L. c.190B §3-1204 (read October 23, 2026)
Mass.gov - File a voluntary administration for an estate (read October 23, 2026)
Mass.gov - MUPC Estate Administration Procedural Guide: Voluntary Administration (read October 23, 2026)
massachusetts courtFiling (verifier A) (read October 23, 2026)

Legal information, not legal advice. Caps and forms change — confirm with the court or the statute before you sign. How we check: methodology.

BenefitsSNAP income limitsGross income limit: 200% of the federal poverty line
BenefitsMedicaid & CHIP income limitsMedicaid: Expanded: adults up to 138% of poverty
RentingSecurity depositsDeposit back within: 30 days after the tenancy terminates
RentingBreaking a leaseTenant notice (month-to-month): 1 rental period, ending with a rental period
RentingEviction noticesUnpaid rent notice: 14 days (pay or move out)
RentingRepairsTime to repair: 14 days; urgent: 24 hours
RentingRent increasesNotice before a rent increase: 30 days / 30 days / 3 months
UnemploymentUnemployment benefitsWeekly benefit: up to $1,154, up to 30 weeks
Small claimsSmall claims courtMost you can sue for: $7,000
Cost of livingChildcare costsCounties with prices: 14

Everything for Massachusetts on one page