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Small Estate Procedures · Massachusetts

Massachusetts voluntary administration: the $25,000 personal-property route

Massachusetts lets an interested person seek voluntary administration after 30 days when the probate estate consists of no more than $25,000 of personal property plus one motor vehicle and no personal representative has been appointed.

Count probate personal property at its gross value, but treat one motor vehicle separately as the statute directs. Any probate real estate makes voluntary administration unavailable.

Check eligibility before signing

  • At least 30 days have passed since death.
  • The probate estate has no real property.
  • Personal property other than one motor vehicle is $25,000 or less.
  • No personal representative has been appointed.

Gather the required documents

  • Voluntary Administration Statement (MPC 170)
  • Certified death record
  • Original will and codicils, if any
  • Asset list and values
  • Names and addresses of heirs and devisees

Follow the state procedure

File the statement and supporting papers in the Probate and Family Court for the proper county. Once the register issues the voluntary-administrator certificate, present certified copies to asset holders, pay lawful charges, and distribute the balance.

Know which property the shortcut reaches

The certificate reaches accounts, tangible personal property, and the permitted vehicle. It does not clear title to land; a trust, survivorship title, deed completed during life, or probate proceeding must handle real estate.

Understand the recipient's responsibility

The voluntary administrator has the powers and duties stated in section 3-1201, must pay funeral and administration charges and proper claims before distributing, and remains accountable to the people entitled to the estate.

Use another route when these facts apply

  • The personal-property calculation exceeds the ceiling.
  • The decedent owned probate real estate.
  • Another person has already been appointed personal representative.
  • A will contest, heirship dispute, or insolvent estate needs court supervision.

Sources & methodology

Sources and current rules
Current rule$25,000 personal property plus one motor vehicle; file after 30 daysMGL ch. 190B § 3-1201 · current

Methodology & sources

MGL ch. 190B § 3-1201 supplies the headline rule and its stated conditions.

Editorial review draft. The source record supporting the ceiling is listed above when one is available. The procedural questions identified in the article are not yet certified.

This page is educational and is not legal advice. Whether the affidavit procedure is right for a particular estate — and what liability the signer takes on — turns on facts a general page cannot resolve, including debts that have not surfaced yet. Confirm your own situation with an attorney licensed in Massachusetts.

Sources reviewed August 23, 2026.