How to Complete and File the Massachusetts Voluntary Administration Statement (MPC 170)

The MPC 170 Voluntary Administration Statement lets you settle a small Massachusetts estate without opening full probate, as long as the deceased left only personal property worth $25,000 or less and no real estate.¹ You file it with the Probate and Family Court in the county where the deceased lived, pay a $115 fee, and receive an attested copy that gives you authority to collect the assets, pay debts, and distribute what remains. At least 30 days must have passed since the date of death before you can file.²

Who Can Use MPC 170

Every one of these conditions has to be true:³

The estate contains only personal property. Any real estate, even a partial interest, disqualifies you.
The total value of personal property is $25,000 or less. A vehicle’s value is excluded from that calculation, so a $15,000 bank account plus a $12,000 car still fits.
At least 30 days have passed since the death.

The process works with or without a will. If a will exists, you file the original alongside MPC 170 and assets go according to its terms. Without one, Massachusetts intestacy rules decide who inherits.⁴

What to Gather Before You File

Have everything in hand before you start. You will need:²

The completed MPC 170 form, available through the Massachusetts court forms portal or at any Probate and Family Court office.⁵
A certified copy of the death certificate. Photocopies are not accepted. Order certified copies from the city or town clerk where the death occurred, or from the Massachusetts Registry of Vital Records.
The original will, if there is one. Not a copy.

Two supplemental forms apply only in specific circumstances:³

Cause of Death Affidavit (MPC 475): required only when the death certificate lists the cause as “homicide” or “pending.”
Affidavit of Domicile (MPC 485): required if the address on the death certificate is wrong.

The form itself asks for the decedent’s full legal name, date of death, and last residential address; your identity and relationship to the deceased; and a description and estimated value for each asset. You sign a certification, under penalties of perjury, that the information is accurate, that 30 days have elapsed, and that you notified MassHealth. Read that certification carefully before signing.

Notify MassHealth First

This step has to happen before you file, and it catches people off guard. Send a copy of the completed MPC 170 and a copy of the death certificate by certified mail to the Division of Medical Assistance, Estate Recovery Unit, P.O. Box 15205, Worcester, MA 01615-0205.³ The form requires you to certify that you did this. If MassHealth paid benefits for the deceased, it can assert a claim against the estate during administration.

Where and How to File

File at the Probate and Family Court in the county where the deceased lived at the time of death. Three methods are available:²

Online through the state’s eFiling system, which is the fastest for initial intake.
By mail to the appropriate county court, with the forms, supporting documents, and fee.
In person at the clerk’s office.

The fee is $115: a $100 filing fee plus a $15 surcharge.⁶ That includes one attested copy of the Voluntary Administration Statement issued by the Register of Probate, and that attested copy is the document you use to actually collect the assets.²

What the Attested Copy Lets You Do

Once the Register issues the attested statement, you are the voluntary personal representative. Present it to a bank, insurance company, or anyone else holding the deceased’s property, together with a written receipt and any passbooks, certificates, or documents the institution requires, and they must release the assets to you.⁷ Institutions that release assets on the strength of that statement are legally protected and do not have to verify how you use the money.⁸

Your powers are real but limited. You can collect debts owed to the estate, sell personal property, and convert assets to cash in reasonable amounts. What you cannot do is choose the order in which the estate’s money goes out. Massachusetts law sets that order:⁷

Funeral and last-illness expenses first.
Administration expenses next. A voluntary personal representative cannot charge a fee for their own services.
Remaining debts, paid in the order specified by Massachusetts law.
Whatever is left is distributed under the will, or under intestacy rules if there is no will.

You are personally answerable to anyone with a superior claim to the assets. Paying heirs before creditors, or ignoring a valid claim, can put you on the hook.

When You Cannot Use MPC 170

If the estate holds any real estate, or personal property exceeds $25,000 after excluding the car, voluntary administration is not available.⁴ You will need a more formal proceeding — informal or formal probate — filed with the same Probate and Family Court. Formal probate requires additional forms, including MPC 160 (Petition for Formal Probate), higher filing fees, and a hearing.⁶

If you file MPC 170 and later find out the estate exceeds the limit or includes real property you did not know about, you will have to convert to full probate. Getting the asset inventory right the first time avoids the cost and delay of starting over.

1
Mass.gov. Probate and Family Court Voluntary Administration Statement (MPC 170)
2
Mass.gov. File a Voluntary Administration for an Estate
3
Mass.gov. Instructions for Voluntary Administration With or Without a Will (MPC 961)
4
Mass.gov. Learn About the Types of Probate for an Estate
5
Massachusetts Court System. MPC 170 Voluntary Administration Statement
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Mass.gov. Probate and Family Court Filing Fees
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Mass.gov. Massachusetts General Laws c.190B – 3-1201
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Mass.gov. Massachusetts General Laws c.190B – 3-1202