Massachusetts Small Estate Affidavit: $25,000 Voluntary Administration

Massachusetts does not have a small estate affidavit you hand straight to a bank. Its version is voluntary administration: a sworn Voluntary Administration Statement (form MPC 170) filed with the Probate and Family Court under M.G.L. c. 190B, sec. 3-1201. It is available when the estate consists entirely of personal property worth no more than $25,000, not counting a car the deceased person owned, and only after 30 days have passed since the death.

The person who files becomes a voluntary personal representative (VPR). The court registers the statement and gives the VPR an attested copy, which banks and other holders accept in place of a court appointment. For how other states handle this, see our small estate affidavit rules by state.

Information last verified on 2026-10-07. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers voluntary administration under M.G.L. c. 190B, sec. 3-1201 and 3-1202, the summary closing procedure in sec. 3-1203 and 3-1204, the surviving-spouse vehicle rule in M.G.L. c. 90D, sec. 15A, and the deceased-employee wage rule in M.G.L. c. 149, sec. 178A. It does not cover formal or informal probate, real estate transfers, intestate shares, estate tax, or the law of any other state. For probate itself, see our Massachusetts probate guide.

Can you use voluntary administration in Massachusetts?

You can file a Voluntary Administration Statement only when all of these are true (M.G.L. c. 190B, sec. 3-1201 and the court's procedural guide):

• The deceased person was a resident of Massachusetts.
• The estate consists entirely of personal property: no real estate.
• Apart from a motor vehicle the person owned, the personal property is worth $25,000 or less.
• At least 30 days have passed since the death.
• No formal or informal petition to probate a will or appoint a personal representative has been filed.

"dies leaving 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" (M.G.L. c. 190B, sec. 3-1201)

The $25,000 figure is fixed in the statute. It is not indexed to inflation, and the court's procedural guide, last updated September 23, 2026, still states $25,000.

What counts toward the $25,000

Only the probate estate counts, meaning property in the deceased person's sole name that would otherwise pass through the court. The court's guide makes two points worth knowing:

• The car is left out. The guide's own example: "Since the value of the car may be excluded, Donna's only asset is the bank account in her sole name which is less than $25,000."
• Joint and survivorship assets are outside the estate. Property held jointly with a right of survivorship, or as tenants by the entirety, passes to the surviving owner by law and is not counted.

According to the guide, the $25,000 cap is measured as of the date you file, not the date of death. The guide adds that the time limits of M.G.L. c. 190B, sec. 3-108 (the usual three-year limit) do not apply to voluntary administration, so a statement can be filed years after the death. A statement can also be amended for assets found later, as long as the total stays within $25,000; generally that takes a motion, which a judge may allow administratively, so check with the court before filing.

No real estate

Voluntary administration cannot be used if the deceased person owned real estate. The statute requires an estate "consisting entirely of personal property," and the court puts it plainly:

"Voluntary administration is a simplified probate procedure for an estate with minimal assets and no real estate."

A house or land in the deceased person's sole name has to go through probate. Our research did not cover which probate route fits a particular real estate situation, so see our Massachusetts probate guide or ask the Probate and Family Court.

Who can file

Any interested person can serve as voluntary personal representative. According to the court's procedural guide:

• The VPR does not have to live in Massachusetts, and does not need priority or a nomination in the will.
• Creditors cannot file. "For purposes of filing a voluntary administration, a creditor is NOT an interested person."
• Two or more people can serve as co-VPRs.
• If the deceased person was served by the Department of Mental Health, the Department of Developmental Services or MassHealth, a person designated by that agency may file.
• A minor's parents cannot file on the minor's behalf without the court's authority.

How to file, step by step

1. Wait 30 days from the date of death, and confirm no probate petition has been filed.
2. Complete form MPC 170, the Voluntary Administration Statement. The court publishes instructions (MPC 961) and a checklist (MPC 965). The sworn statement lists the assets and their values, any joint owners, and the heirs and devisees.
3. Swear to it. The statement is "verified by oath, or affirmation."
4. Gather the attachments. File a certified copy of the death certificate. File the original will, if there is one; the statute says "The original of any will shall be filed with the above statement." Two extra forms apply only in certain cases: a Cause of Death Affidavit (MPC 475) if the death certificate lists the cause of death as "homicide" or "pending," and an Affidavit of Domicile (MPC 485) if the address on the death certificate is wrong.
5. Notify MassHealth. Send copies of the statement and the death certificate to the Division of Medical Assistance (MassHealth) by certified mail, and certify on the statement that you did. If the deceased person received MassHealth at age 65 or older, or at any age while an inpatient in a nursing facility or other medical institution, MassHealth has four months from the docketing of the statement to present an estate recovery claim. Because the statute has the VPR pay debts before distributing and makes the VPR liable "in his own wrong" to anyone harmed by the administration, distributing to heirs before that window closes carries personal risk.
6. File with the court. File with the Probate and Family Court in the county where the deceased person lived, by eFile, mail or in person. The total fee is $115 ($100 filing fee plus a $15 surcharge), which includes one attested copy.
7. Get your attested copy. The register dockets the statement and issues an attested copy. That is your authority to collect.

The court's pages list different prices for additional attested copies, so ask the register's office for the current charge before ordering extras.

A VPR is not a court appointment

The register does not issue Letters of Authority. In the guide's words: "Because a VPR is not appointed by a magistrate or the court, no Letters of Authority shall be issued." The register may issue a certificate of appointment on request, for a fee. Some tasks may still require a real appointment; the guide notes that to get the deceased person's medical records, "a person interested in the estate may need to be appointed as a PR by a magistrate or the court."

What the statement lets you collect

With the attested copy, a VPR may, "as the legal representative of the deceased and his estate, receive payment of any debt or obligation in the nature of a debt, or delivery of any chattel or asset, scheduled in such statement" (M.G.L. c. 190B, sec. 3-1201). That covers assets such as bank accounts, insurance policies, passbooks, notes and certificates, as long as they are listed on the statement. To collect, the VPR presents the attested copy, gives a written receipt and surrenders the instrument (a passbook or certificate, for example). A VPR may also sell personal property and assign claims.

Paying the bills and distributing

The statute sets the order. A VPR must, "as far as possible out of the assets which come into his hands, first discharge the necessary expenses of the funeral and last sickness," along with the expenses of administration (with no fee for the VPR's own services). Next come debts in the order set by M.G.L. c. 190B, sec. 3-805. Only then is the rest distributed to the heirs or devisees.

The car

Voluntary administration excludes the car's value from the cap, but the Registry of Motor Vehicles describes its own routes for a deceased owner:

• Surviving spouse. Under M.G.L. c. 90D, sec. 15A, when a married Massachusetts resident who owned a pleasure vehicle dies, the vehicle "shall be deemed to have been jointly held property with right of survivorship" unless a will provides otherwise, and the spouse's title change fee is waived. The RMV says the spouse goes in person to any RMV Service Center with an Application for Registration and Title (RTA), the deceased person's title assigned by the spouse, an Affidavit of Surviving Spouse, and a death certificate that lists the spouse. The RMV adds that "you must have been married to the deceased person at the time of death."
• Anyone else. The RMV page asks for a copy of the personal representative's appointment and the title assigned by that representative. It does not mention a voluntary personal representative.

The statute treats a VPR as the personal representative for motor vehicle registration (M.G.L. c. 90, sec. 2) and motor vehicle insurance purposes until a personal representative is appointed (M.G.L. c. 190B, sec. 3-1201). Whether the RMV accepts a VPR's attested statement to transfer the title for a non-spouse was not confirmed. Call the RMV before relying on it.

The final paycheck

Under M.G.L. c. 149, sec. 178A, an employer may pay up to $100 in wages owed to an employee who died without a will, once 30 days have passed since the death. Payment goes to the spouse, an adult child, or if neither, a parent, provided no executor, administrator or voluntary administrator has demanded the wages and the employer has no notice of probate proceedings. This rule does not apply to state or political-subdivision employees.

Unclaimed property

The State Treasurer says "It takes about 180 days to process a claim," and that most claims "need additional information to verify that you are the rightful owner or heir." Whether the Treasurer accepts a voluntary administration statement in place of a court-appointed representative was not confirmed. See our Massachusetts unclaimed property guide for how to search and file.

Liability

• Holders are protected. A person who pays or delivers to a VPR "is discharged and released to the same extent as if he dealt with a personal representative of the decedent" (M.G.L. c. 190B, sec. 3-1202). The holder does not have to look into whether the statement is true, and a holder who refuses can be compelled to pay through a court proceeding. That protection ends if a duly appointed personal representative made a written demand on the holder before it paid.
• The person who receives the property is answerable. Anyone who receives assets this way must account to a personal representative or to anyone with a better right to them.
• The VPR is personally liable. Under sec. 3-1201, a VPR "shall be liable as a personal representative in his own wrong to all persons aggrieved by his administration of the estate," including a personal representative appointed later. The statute does not state a time limit on that liability.

The statement is verified by oath or affirmation, so it should be completed carefully and truthfully. This page does not cover the criminal penalties for a false statement.

When probate or summary administration fits instead

Voluntary administration is not available when the deceased person owned real estate, when the non-vehicle personal property is worth more than $25,000, or when someone has already filed a probate petition.

Massachusetts also has a summary closing procedure for small estates that do go through probate. Under M.G.L. c. 190B, sec. 3-1203, if the estate, less liens and encumbrances, "does not exceed family allowances, exempt property, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the last illness," an appointed personal representative may distribute the estate without giving notice to creditors and then file a verified closing statement. This route has no fixed dollar figure and requires a court-appointed personal representative. Under sec. 3-1204, the appointment ends if no proceedings involving the personal representative are pending one year after the closing statement is filed.

Our Massachusetts probate guide explains how to open probate. For an overview, see how probate works.

Related

• Small estate affidavit rules by state
• Massachusetts probate
• Massachusetts unclaimed property
• Connecticut small estate affidavit
• New York small estate affidavit

This article provides general legal information about voluntary administration and related Massachusetts General Laws, as verified on 2026-10-07. It is not legal advice. For help with a specific estate, contact the Register of Probate at the Probate and Family Court in the county where the person lived, a legal aid office, or a lawyer licensed in Massachusetts.

Last updated: 2026-10-07.

Frequently Asked Questions

What is the small estate limit in Massachusetts?

Voluntary administration under M.G.L. c. 190B, sec. 3-1201 is available when the estate is entirely personal property worth $25,000 or less, not counting a motor vehicle the person owned.

Does Massachusetts have a small estate affidavit?

Not one you give directly to a bank. The Massachusetts equivalent is a Voluntary Administration Statement (form MPC 170), filed with the Probate and Family Court, which makes the filer a voluntary personal representative.

How long after death can I file a voluntary administration in Massachusetts?

After 30 days from the death, as long as no petition to probate a will or appoint a personal representative has been filed (M.G.L. c. 190B, sec. 3-1201).

Does a small estate need to be filed with the court in Massachusetts?

Yes. The MPC 170 statement is filed with the Probate and Family Court in the county where the person lived, with a $115 fee that includes one attested copy. The VPR is not appointed by the court and gets no Letters of Authority.

Can I transfer a house with voluntary administration in Massachusetts?

No. The estate must consist entirely of personal property, and the court describes voluntary administration as a procedure for an estate with no real estate. A house in the deceased person's sole name requires probate.

Does the car count toward the $25,000 limit in Massachusetts?

No. Section 3-1201 lets the estate include a motor vehicle the person owned in addition to up to $25,000 of other personal property. A surviving spouse can usually retitle the car at the RMV under M.G.L. c. 90D, sec. 15A.

Do I have to notify MassHealth for a voluntary administration?

Yes. You must send copies of the statement and death certificate to MassHealth by certified mail and certify on the statement that you did (M.G.L. c. 190B, sec. 3-1201).

Can a creditor file a voluntary administration in Massachusetts?

No. The Probate and Family Court's procedural guide says a creditor is not an interested person for purposes of filing a voluntary administration.