✓ Verified June 2026
This guide explains the Massachusetts small estate affidavit in plain English — the exact dollar limit, whether real estate counts, the waiting period, and how to use it to skip full probate. The threshold is verified as of June 2026 (these limits change with inflation).
In This Massachusetts Guide:
Massachusetts Small Estate Eligibility at a Glance
Here are the exact rules for using a Massachusetts small estate affidavit:
| Small estate affidavit limit | $25,000 (effective 2012-03-31 (effective date of Massachusetts Uniform Probate Code, Chapter 190B, which replaced the prior Chapter 195 Section 16 limit of 15000)) |
| Real estate excluded? | YES — the voluntary administration process is available ONLY for estates consisting entirely of personal property. If the decedent owned any real estate in their name alone at the time of death, the estate does not qualify for voluntary administration and must go through formal or informal probate. |
| Waiting period after death | 30 |
| Summary probate threshold | N/A — Massachusetts does not have a separate “summary probate” track. The simplified option is voluntary administration (MGL c.190B § 3-1201) for personal-property-only estates valued at 25000 or less. Estates above that threshold use informal probate (no court hearing required if uncontested) or formal probate (court hearing required). |
| Transfer-on-death (TOD) deed allowed? | NO — Massachusetts does not authorize transfer-on-death (TOD) deeds for real estate. Bills have been introduced (e.g., H.1565 in the 189th session) but none have been enacted. TOD/POD designations are available for bank accounts and securities, but not real property. |
How to File a Massachusetts Small Estate Affidavit
(1) Wait at least 30 days after the decedent’s death. (2) Confirm no petition for appointment of a personal representative has been filed with the Probate and Family Court. (3) Confirm the estate consists entirely of personal property (no real estate in decedent’s sole name) valued at 25000 or less, excluding one motor vehicle. (4) Complete Form MPC 170 (Voluntary Administration Statement), listing all assets, debts, and heirs.
(5) Obtain a certified copy of the death certificate. (6) File the MPC 170, death certificate, and filing fee (115 dollars — 100 filing fee plus 15 surcharge) with the Probate and Family Court in the county where the decedent resided. Filing may be done online via eFiling, by mail, or in person. (7) The register of probate dockets the statement and the filer becomes the Voluntary Personal Representative.
(8) The Voluntary Personal Representative collects assets, pays debts, and distributes remaining property to heirs according to the will or intestacy law. (9) File a Small Estate Closing Statement (Form MPC 851) when administration is complete.
Who can file in Massachusetts: Any “interested person” as defined by MGL c.190B may file the voluntary administration statement. This includes the surviving spouse, heirs, devisees named in a will, children, parents, or creditors of the decedent.
For decedents who were receiving services from the Department of Mental Health, Department of Developmental Services, or MassHealth (Division of Medical Assistance), those agencies may designate a person to act as voluntary personal representative. The filer does not need to be a Massachusetts resident.
Other Ways to Avoid Probate in Massachusetts
(1) Revocable living trust — assets titled in the trust name bypass probate entirely and pass to beneficiaries through trust administration. (2) Joint tenancy with right of survivorship — property passes automatically to the surviving joint tenant; must be expressly stated in the deed, as Massachusetts defaults to tenancy in common. (3) Tenancy by the entirety — available to married couples for real estate and provides survivorship plus creditor protection.
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(4) Life estate deed — grantor retains the right to live in the property for life; remainder interest passes at death without probate. (5) Payable-on-death (POD) designations on bank accounts — beneficiary claims funds directly from the bank. (6) Beneficiary designations on retirement accounts, life insurance, and investment accounts — pass outside probate. (7) Transfer-on-death (TOD) registration for securities and brokerage accounts under MGL c.201A.
Other Massachusetts small-estate rules: (1) One motor vehicle is entirely excluded from the 25000 threshold — the vehicle’s value does not count toward the limit, regardless of what the car is worth. Any additional vehicles beyond the first must be counted as personal property toward the 25000 cap.
(2) Massachusetts uses the term “voluntary administration” rather than “small estate affidavit” — the filing is a verified statement (Form MPC 170), not a traditional affidavit, though it functions similarly. (3) The voluntary personal representative has the same fiduciary duties as a formally appointed personal representative — they must pay valid debts before distributing assets to heirs.
(4) If a creditor or other interested person objects, the court may require formal probate even if the estate otherwise qualifies. (5) Massachusetts has a separate estate tax with a 1000000 threshold (not indexed for inflation) — even small estates should check whether the gross estate (including non-probate assets like life insurance and retirement accounts) triggers a state estate tax filing requirement.
Understanding the Massachusetts Small Estate Affidavit
A Massachusetts small estate affidavit can let a family skip full probate entirely when the estate is below the state limit. The exact Massachusetts threshold above is the figure that decides eligibility — and because these limits change with inflation, using the current number matters. Filing a Massachusetts small estate affidavit is usually far faster and cheaper than formal probate, often resolving in weeks instead of months.
Your state court’s self-help center publishes the official Massachusetts small estate affidavit form and the current dollar limit.
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Official Massachusetts Sources & Resources
- Massachusetts Court Self-Help: https://www.mass.gov/guides/file-a-voluntary-administration-for-an-estate
- Massachusetts Small Estate Statute: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B/ArticleIII/Section3-1201
- Internal Revenue Service — Estate Tax: irs.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
This Massachusetts small-estate guide was last verified against official sources in June 2026. Thresholds change with inflation — verify the current limit with your state court.
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Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.