MA · Probate & Family Court
Massachusetts
Personal property
$25,000
statutory cap
30-day wait
Excludes one motor vehicle of the decedent.
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
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.
Real property
The small-estate-affidavit pathway in this state excludes real property. Real-property transfers require a different procedure (often regular probate).
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.
Form & statute
Form
- MPC 170 Voluntary Administration Statement
Statute