Massachusetts Small Estate Affidavit (Form MPC 170)

• Maximum Amount: $25,000 in personal property, excluding one motor vehicle owned by the decedent. The estate cannot include real estate.^[1]
• Signing Requirements: The statement is signed under the penalties of perjury.^[2]
• Where to File: With the Probate and Family Court of the county of the decedent’s domicile, after confirming no petition for a personal representative has been filed.^[3]
• When to File: 30 days after death.^[4]
• Survivor Requirements: None.

If the decedent did not have a will, the beneficiary hierarchy is as follows:

• Spouse: The surviving spouse receives the entire estate. Massachusetts guarantees the spouse a first share of at least $100,000, which is more than the $25,000 voluntary administration limit.^[5]
• No Spouse, Children: If there is no surviving spouse, the estate passes to the decedent’s descendants, with a deceased child’s share passing to that child’s descendants.^[6]

Step 1 – Wait 30 Days

At least 30 days must pass after the decedent’s death, and no petition for a personal representative may have been filed.^[7]

Step 2 – Confirm the Estate Qualifies

The estate must consist entirely of personal property worth $25,000 or less, not counting one motor vehicle, with no real estate.^[8]

Step 3 – Complete the Voluntary Administration Statement (MPC 170)

Complete Form MPC 170, listing the assets and their values and the persons entitled to the estate.^[9]

Step 4 – File With the Probate and Family Court

Sign the statement under the penalties of perjury and file it, with a certified copy of the death certificate (and the will, if any), in the Probate and Family Court of the decedent’s county.^[10]

Step 5 – Collect and Distribute the Property

As voluntary personal representative, collect the assets, pay the funeral and last-illness expenses, and then debts, and distribute the balance to those entitled.^[11]