Personal property
$25,000
statutory cap
30-day wait
Excludes one motor vehicle of the decedent.
MA · Probate & Family Court
Massachusetts
Small-estate-affidavit threshold and procedure under § M.G.L. c. 190B § 3-1201.
Verified 2026-05-04
01
Who is eligible to file
- Surviving spouse or registered domestic partner
- Adult children, equally if more than one
- Parents of the decedent, if no spouse or descendants
- The named executor under the will, if one exists
- An heir at law under Massachusetts's intestate-succession statute, in the absence of the above
02
What counts toward the threshold
The threshold counts only assets that pass through probate. The following do not count against the cap:
Joint tenancy property
Passes by right of survivorship.
Community property w/ ROS
Vests in surviving spouse.
Beneficiary-designated
Life insurance, IRAs, 401(k)s.
TOD / POD accounts
Bank, brokerage, vehicle titles.
Living trust assets
Distributed by the trust, not the will.
Wages owed to surviving spouse
Often a separate path.
State note: Excludes one motor vehicle of the decedent.
Waiting period
State requires 30 days to elapse from date of death (personal-property path) before filing.Real property
Excluded — personal property only
The small-estate-affidavit pathway in this state excludes real property. Real-property transfers require a different procedure (often regular probate).
03
Where to file
File with the Probate & Family Court in the county where the decedent resided at death.
We do not maintain a county-by-county directory. The Massachusetts judicial system operates an authoritative court locator.
Find your county’s Probate & Family Court via the Massachusetts judicial council website. Search for “Massachusetts Probate & Family Court county locator” or visit the state government court directory.
04
Form & statute
Form
- MPC 170 Voluntary Administration Statement
Statute
§ M.G.L. c. 190B § 3-1201
https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B/ArticleIII/Section3-1201voluntary administration