Massachusetts Voluntary Administration: Small Estate Path

Massachusetts does not use a bank-presented small estate affidavit. The small-estate path is voluntary administration, a sworn statement filed with the Register of Probate 30 days after death for an estate made up entirely of personal property.

Based on M.G.L. c. 190B, § 3-1201

By Settled Estate EditorialPublished: January 15, 2026Updated: May 31, 2026

What Is Massachusetts Voluntary Administration?

Voluntary administration under M.G.L. c. 190B, § 3-1201 is the Massachusetts small-estate procedure. An interested person files a sworn Statement of Voluntary Administration with the Probate and Family Court for the county where the decedent lived, with a certificate of death and the original will if there is one. The estate must consist entirely of personal property: one motor vehicle the decedent owned, plus other personal property not exceeding $25,000 in value. At least 30 days must have passed since the death, and no petition for appointment of a personal representative may have been filed in that county. The register dockets the statement and, on payment of the fee, issues an attested copy the voluntary personal representative uses to collect the assets. No personal representative is appointed and no full probate case is opened.

Do you qualify?

Qualifying threshold: $25,000 in personal property, plus one motor vehicle the decedent owned, which sits outside that ceiling; no real estateThe estate must consist entirely of personal property. Section 3-1201 puts the ceiling on the personal property other than a motor vehicle the decedent owned, so one vehicle does not count against the $25,000. Assets that pass outside probate by beneficiary designation, payable-on-death or transfer-on-death registration, survivorship, or a trust are not part of what the statement collects. Any real property the decedent owned in their own name makes the estate ineligible.
Waiting period: 30 days after the date of death
Court filing fee: $115: a $100 statutory fee for a statement of voluntary administration under M.G.L. c. 262, § 40, plus the $15 filing surcharge under M.G.L. c. 262, § 4C. The amount is statutory and identical in all 14 counties.
Attorney: Not typically neededNo statewide requirement; counsel may help with debts, disputes, or real estate
Real estate: Not covered by this procedureVoluntary administration reaches personal property only, such as bank accounts, wages, securities, and a motor vehicle. An estate that includes real property the decedent owned in their own name does not qualify, and a § 3-1201 statement cannot transfer Massachusetts real estate. Real property held as tenants by the entirety or in joint tenancy with right of survivorship passes to the survivor outside probate and is not part of the estate. Massachusetts has not enacted a real-property transfer-on-death deed, and the transfer-on-death registration in M.G.L. c. 190B, §§ 6-301 to 6-311 covers securities only, so other solely owned real estate generally needs an appointed personal representative through informal or formal probate.

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Main Requirements

Personal Property Only, No Real Estate

The estate must consist entirely of personal property. Real property the decedent owned in their own name makes voluntary administration unavailable, whatever the value.

$25,000 Ceiling Outside One Motor Vehicle

The total value may include a motor vehicle the decedent owned, plus other personal property not exceeding $25,000 in value (M.G.L. c. 190B, § 3-1201). The vehicle sits outside the $25,000 ceiling.

30 Days Have Passed Since Death

The statement may be filed only after the expiration of 30 days from the date of death.

No Pending Appointment Petition

No petition for appointment of a personal representative may have been filed with the court of the county in which the decedent resided.

Filed by an Interested Person

The statement is filed by an interested person, such as a beneficiary named in the will or an heir under Massachusetts intestate succession, who then serves as voluntary personal representative.

MassHealth Notice Certified on the Statement

The voluntary personal representative must certify that copies of the statement and the death certificate were sent to the Division of Medical Assistance by certified mail. Where the decedent received medical assistance at age 65 or older, or on or after March 22, 1991 as an inpatient in a nursing facility or other medical institution, the Division has 4 months from the date the register dockets the statement to present a claim.

Original Will and Certificate of Death Filed

The original will, if there is one, is filed with the statement, along with a certificate of death by a public officer. The statement itself lists every asset and its estimated value, the surviving joint owners, and the heirs or beneficiaries.

Available Small-Estate Options

Voluntary Administration (M.G.L. c. 190B, § 3-1201)

Limit: Entirely personal property: one motor vehicle the decedent owned, plus other personal property not exceeding $25,000 in value
Real Estate: Not included
Timeline: Filed 30 days or more after death; commonly settled in about 1 to 2 months
Typical Fee: $115 ($100 under § 40 plus the $15 § 4C surcharge)

Summary Administration Procedure (M.G.L. c. 190B, §§ 3-1203, 3-1204)

Limit: No dollar cap. The whole estate, less liens and encumbrances, must not exceed the family allowances, exempt property, administration costs and expenses, reasonable funeral expenses, and last-illness medical and hospital expenses
Real Estate: Can be included
Timeline: Follows an appointment; the personal representative distributes without notice to creditors and closes by sworn statement
Typical Fee: The $390 probate petition to open the estate, plus $75 for the closing statement under § 40

Informal Probate and Appointment (M.G.L. c. 190B, §§ 3-301 to 3-311)

Limit: No dollar cap. Used when the petition is uncontested and no formal proceeding is required
Real Estate: Can be included
Timeline: A magistrate acts without a hearing; commonly 6 to 12 months, and the estate cannot close by sworn statement earlier than 6 months after appointment
Typical Fee: $390 ($375 under § 40 plus the $15 § 4C surcharge)

The voluntary administration statement is a sworn filing with real responsibility

A Massachusetts voluntary administration statement is signed under oath. The person who files it takes responsibility for the accuracy of the asset list and values, for the statement that 30 days have passed and no appointment petition has been filed, and for the MassHealth certification. The voluntary personal representative must pay the funeral, last-sickness, and administration expenses without a fee, then the remaining debts in the M.G.L. c. 190B, § 3-805 order, before distributing anything. Section 3-1201 makes a voluntary personal representative liable as a personal representative in his own wrong to any person aggrieved, which is a civil liability rather than a criminal offense. Confirm the values and the debts, and ask counsel if the estate may be insolvent or if anyone disputes who is entitled.

Step-by-Step Process

Wait 30 Days After the Death

Covered in the "Do you qualify?" checklist at the top of this page.

Confirm the Estate Is Personal Property Within the Ceiling

Value what the decedent owned in their own name. The estate must consist entirely of personal property: one motor vehicle the decedent owned, plus other personal property not exceeding $25,000. Leave out assets that pass by beneficiary designation, survivorship, or a trust, and stop if there is real estate.

Confirm No Appointment Petition Has Been Filed

No petition for appointment of a personal representative may have been filed with the court of the county where the decedent resided. If one has been filed, the estate runs through informal or formal probate instead.

Send the Statement and Death Certificate to MassHealth

Before filing, send copies of the statement and the death certificate to the Division of Medical Assistance by certified mail, then certify on the statement that you did. This is a condition of the § 3-1201 filing, not an optional step.

File the Statement With the Register of Probate

File the sworn statement listing every asset and its estimated value, the surviving joint owners, and the heirs or will beneficiaries, with the original will if there is one and a certificate of death by a public officer. Pay the $115 fee. The register dockets the statement and issues an attested copy.

Collect the Assets, Pay in the Statutory Order, Then Distribute

Use the attested copy to collect the listed personal property. Pay funeral, last-sickness, and administration expenses, then the remaining debts in the order set by M.G.L. c. 190B, § 3-805, then distribute the balance to those entitled. A voluntary personal representative does this without a fee for services.

County Note: The statement is filed with the Register of Probate for the Probate and Family Court division of the county where the decedent lived. The $115 fee is statutory and identical statewide, so no county charges more or less. Massachusetts has 14 counties served by 19 courthouses, because some divisions run an additional session at a second courthouse, so confirm which courthouse serves the decedent’s city or town before filing. Copy and certificate charges are set administratively under M.G.L. c. 262, § 4B rather than by a dollar amount in § 40, so ask the register for the current rate.

FAQ: Massachusetts Voluntary Administration

Does Massachusetts have a small estate affidavit?

Massachusetts has a small-estate procedure, but it is not an affidavit handed to a bank. M.G.L. c. 190B, § 3-1201 is titled collection of personal property by affidavit, and the Probate and Family Court pleading that carries it out is the Statement of Voluntary Administration, filed with the Register of Probate 30 days or more after death. The register dockets it and issues an attested copy used to collect the assets.

What is the Massachusetts small estate limit?

The estate must consist entirely of personal property: one motor vehicle the decedent owned, plus other personal property not exceeding $25,000 in value (M.G.L. c. 190B, § 3-1201). Read literally, the $25,000 ceiling applies to the personal property other than the vehicle, so the vehicle is outside the cap. The figure is fixed by statute and is not adjusted for inflation.

How much does voluntary administration cost in Massachusetts?

The filing fee is $115: $100 for a statement of voluntary administration under M.G.L. c. 262, § 40, plus the $15 surcharge under M.G.L. c. 262, § 4C. That compares with $390 for a petition for informal or formal probate and appointment of a personal representative. The fee is statutory and the same in every county.

Can Massachusetts voluntary administration transfer real estate?

No. The estate has to consist entirely of personal property, so real property the decedent owned in their own name rules the path out. Real estate held as tenants by the entirety or in joint tenancy with right of survivorship passes to the survivor outside probate. Massachusetts has no real-property transfer-on-death deed, so other solely owned real estate generally needs an appointed personal representative.

Does a voluntary personal representative get paid in Massachusetts?

No. Section 3-1201 requires the voluntary personal representative to pay the funeral, last-sickness, and administration expenses without a fee for services, then pay the remaining debts in the M.G.L. c. 190B, § 3-805 order and distribute the balance. A personal representative appointed in a full probate is entitled to reasonable compensation under § 3-719, but the voluntary path carries no fee.

What is the difference between voluntary administration and the summary administration procedure?

They are separate devices. Voluntary administration under § 3-1201 avoids an appointment entirely for a personal-property estate within the ceiling. The summary administration procedure under § 3-1203 applies after a personal representative has been appointed: if the whole estate, less liens and encumbrances, does not exceed the family allowances, exempt property, administration costs and expenses, reasonable funeral expenses, and last-illness medical and hospital expenses, the personal representative may disburse and distribute immediately without notice to creditors and close by the sworn statement described in § 3-1204.

Official Forms, Sources, and VerificationOfficial references used for this page

M.G.L. c. 190B, § 3-1201, Collection of personal property by affidavitMassachusetts Legislature (Massachusetts General Laws). Current official statute text, accessed July 2026.
M.G.L. c. 190B, § 3-1202, Effect of affidavitMassachusetts Legislature (Massachusetts General Laws). Current official statute text, accessed July 2026.
M.G.L. c. 190B, § 3-1203, Small estates; summary administration procedureMassachusetts Legislature (Massachusetts General Laws). Current official statute text, accessed July 2026.
M.G.L. c. 262, § 40, Registers of probate and family court; enumeration of feesMassachusetts Legislature (Massachusetts General Laws). Current official statute text, accessed July 2026.
M.G.L. c. 262, § 4C, Surcharge on filing feesMassachusetts Legislature (Massachusetts General Laws). Current official statute text, accessed July 2026.

Information current as of May 31, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Massachusetts can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.