Laws
- Maximum Estate Value: $25,000[1]
- Mandatory Waiting Period: 30 days
- Where to File: Probate and Family Court
How to File (4 Steps)
Step 1 – Check Eligibility
- The estate is valued at $25,000 or less (excluding the value of a motor vehicle).
- The decedent resided in Massachusetts at the time of death.
- The estate consists of personal property only.
- At least 30 days have passed since the decedent died.
- The petitioner must be an “interested person” under the definition in Massachusetts law.[3]
- No other action has been filed to probate the decedent’s will or appoint a personal representative.
Step 2 – Prepare Documents
The petitioner will need to complete the Voluntary Administration Statement (MPC 170). A certified copy of the death certificate and the original will (if any) must accompany the statement. Copies of the Voluntary Administration Statement and the death certificate must be sent by certified mail to the Division of Medical Assistance, Estate Recovery Unit.
Additionally, an Affidavit of Domicile (MPC 485) may need to be completed if the address on the death certificate is incorrect. A Suspicious Death Affidavit (MPC 475) may be necessary if the cause of death is written “pending” or “homicide” on the death certificate.
Step 3 – File Documents
The documents must be filed with the Probate and Family Court in the county where the decedent resided. The petitioner can file by mail, in person, or online (see online filing instructions). The petitioner can check the status of their case online while their filing is being processed.
If the decedent owned a vehicle, further action will be required to transfer the vehicle’s certificate of title. Additional information can be found here.