How to File a Small Estate Affidavit in Massachusetts

To file a small estate affidavit in Massachusetts, you use a process called voluntary administration: submit Form MPC 170 (the Voluntary Administration Statement) to the Probate and Family Court in the county where the deceased lived, along with a certified death certificate, the original will if there is one, and the $115 filing fee. You must wait at least 30 days after the death, the estate must consist of $25,000 or less in personal property (not counting one motor vehicle) with no real estate, and you must send written notice to MassHealth before you file. Once the court issues an attested copy of the statement, you have authority to collect the assets, pay debts in a set order, and distribute what remains.

Do You Qualify to Use This Process

Voluntary administration is governed by Massachusetts General Laws Chapter 190B, Section 3-1201. Four conditions have to be met:¹

The estate holds only personal property. No land, no home held in the decedent’s name alone.
The countable personal property totals $25,000 or less as of the date of death. One motor vehicle is excluded from that count entirely, whatever it’s worth.
At least 30 days have passed since the death.
No one has already opened formal or informal probate for the same person.

Any “interested person” can file, which typically means a surviving spouse, child, parent, or someone named in the will. Creditors are specifically excluded from that definition for voluntary administration purposes.²

Which Assets Count Toward the $25,000 Limit

Only assets that would otherwise pass through probate count. Several common asset types skip probate and should not go into your calculation:

Payable-on-death (POD) bank accounts, which go to the named beneficiary.
Retirement accounts (IRAs, 401(k)s) with a living named beneficiary.
Life insurance proceeds paid to a named beneficiary.
Jointly held accounts with right of survivorship.
Assets held in a living trust.

What does count: bank accounts held solely in the deceased person’s name with no POD designation, personal belongings, stocks or bonds without a transfer-on-death registration, and any other property titled only in the decedent’s name. Add the date-of-death values. If the total is $25,000 or under, voluntary administration is available.

If you’re close to the line, don’t shave numbers to squeeze under it. Understating values on the MPC 170 creates personal liability for you.

Send the MassHealth Notice First

Before you file anything with the court, mail written notice to the Division of Medical Assistance (MassHealth) Estate Recovery Unit by certified mail. Include a copy of the petition and a copy of the death certificate. The MPC 170 form requires you to certify that this notice has already been sent.² The mailing address on the current court instructions is P.O. Box 15205, Worcester, MA 01615-0205.

The notice gives MassHealth an opportunity to file a claim for benefits paid during the deceased person’s life. Skip it or send it after filing, and the court can reject your petition. Distribute money before MassHealth has had its chance to respond, and any valid claim it later submits can come out of your own pocket.

The Forms and Documents You Need

The main form is the Voluntary Administration Statement, MPC 170.³ Download it from the Massachusetts Trial Court website or pick one up at your local Probate and Family Court. You’ll list each asset with its date-of-death value, identify all heirs or beneficiaries by name and address, and state your own relationship to the deceased.

Along with the completed MPC 170, your packet needs:²

A certified copy of the death certificate from the city or town clerk where the death occurred or was registered.
The original will, if one exists. If not, the estate follows Massachusetts intestacy law.
Affidavit as to Cause of Death (MPC 475), but only if the death certificate lists the cause as homicide or pending.
Affidavit of Domicile (MPC 485), but only if the address on the death certificate is incorrect.

Filing With the Court

File your packet with the Probate and Family Court in the county where the deceased person lived at the time of death. The filing fee is $115: a $100 filing charge plus a $15 surcharge for the docket number. That fee includes one attested copy of the Voluntary Administration Statement.⁴

If you can’t afford the fee, Massachusetts courts accept an Affidavit of Indigency, which you can complete online through the court system’s website and file electronically or in person.⁵

After the court processes the filing, the Register of Probate issues an attested copy of the Voluntary Administration Statement. That attested copy is your proof of authority.

What You Can Do Once Appointed

With the attested statement in hand, you can collect every asset listed on it. Banks must release account funds, brokerage firms must transfer securities, and any person or institution holding property of the estate must turn it over when you present the attested statement, a written receipt, and any relevant documents such as a passbook or certificate.¹

The law also treats the voluntary administrator as the personal representative for motor vehicle transfers and certain insurance matters, so you can take the attested statement to the Registry of Motor Vehicles to transfer the deceased person’s car title to an heir or buyer.⁶ You can sell personal property and convert other assets to cash as needed to settle the estate.

The Order You Have to Pay Things In

The statute sets a mandatory payment sequence. Following it protects you; skipping ahead exposes you personally. Pay in this order:

Funeral and last illness expenses.
Administration expenses (the voluntary administrator cannot charge a fee for their own services).
Debts of the deceased, in the order Massachusetts law specifies for creditor priority.
Whatever remains goes to the people named in the will, or, if there is no will, to the heirs under the intestacy statute.⁶

Federal debts have their own priority under 31 U.S.C. § 3713. If the estate owes back taxes or another federal obligation and you pay other creditors first, you can be held personally liable for the unpaid federal claim.⁷ This rarely comes up in a small estate, but if you know the deceased owed the IRS, deal with that before paying anyone else.

The statute makes the voluntary administrator personally liable to anyone harmed by how the estate is handled.⁶ The most common way to end up on the hook is distributing money to beneficiaries before all debts have surfaced. Hand $10,000 to an heir, then get a $6,000 MassHealth claim, and you may owe that $6,000 yourself. Wait a reasonable period after filing, and specifically wait for MassHealth’s response, before distributing the balance.

When This Route Isn’t Available

If the estate holds real property, exceeds $25,000 in countable personal property, or already has a probate petition on file, voluntary administration is off the table. You’ll need informal or formal probate instead. Informal probate is handled by a court magistrate without hearings and moves faster, but requires the original will (if any), known heirs, and no disputes. Formal probate involves a judge and hearings and becomes necessary when there’s a contested will, unclear terms, a missing original, or a need for supervised administration.⁸

1
Mass.gov. Massachusetts General Laws c190B 3-1201 – Collection of Personal Property by Affidavit
2
Mass.gov. Instructions for Voluntary Administration With or Without a Will MPC 961
3
Mass.gov. Probate and Family Court Voluntary Administration Statement MPC 170
4
Mass.gov. Checklist for Voluntary Administration MPC 965
5
Mass.gov. Indigency Waiver of Court Fees
6
General Court of Massachusetts. Massachusetts General Laws Part II Title II Chapter 190B Section 3-1201
7
Office of the Law Revision Counsel. 31 USC 3713
8
Mass.gov. Learn About the Types of Probate for an Estate