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Small Estate Affidavit Limits in Massachusetts

In Massachusetts, voluntary administration is available 30 days after the death when the estate is all personal property worth $25,000 or less, not counting one motor vehicle.

Last checked . General information, not legal advice.

Massachusetts at a glance

Maximum estate value
$25,000 plus a motor vehicle
The estate must consist entirely of personal property; the car is not counted toward the $25,000.
Waiting period after death
30 days
Real estate can pass
No

Sources

Last checked

The rules in Massachusetts

What is the maximum estate value for a small estate affidavit in Massachusetts?

Maximum estate value in Massachusetts: $25,000 plus a motor vehicle. The estate must consist entirely of personal property; the car is not counted toward the $25,000.

How long after the death must you wait to use a small estate affidavit in Massachusetts?

Waiting period after death in Massachusetts: 30 days.

Can real estate pass by small estate affidavit in Massachusetts?

No. Real estate can pass in Massachusetts: no.

Where do the Massachusetts small estate affidavit limits come from?

The rules above come from Mass. Gen. Laws ch. 190B, 3-1201. Each source is linked on this page. We last checked them in October 2026.

Good to know

The voluntary personal representative files a sworn statement with the Probate and Family Court in the county where the decedent lived.

What this means in practice

Check how the estate value is counted before relying on the shortcut. States differ on whether the limit covers all property or only probate property, and whether assets such as jointly owned accounts, life insurance with a named beneficiary or property in a living trust are left out of the total.

Gather the documents a holder is likely to ask for: a certified copy of the death certificate, the signed and often notarized affidavit, and proof of your identity and relationship to the person who died. Some holders use their own affidavit form, so ask before you prepare one.

A person who collects property with a small estate affidavit usually takes on duties to others with a claim to it, such as creditors and other heirs. Paying valid debts and distributing the rest correctly matters, because a successor who takes more than their share can be held liable for it later.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.