How to Avoid Probate in Massachusetts
The legal ways to pass property outside probate in Massachusetts: transfer-on-death deeds, payable-on-death accounts, trusts, joint ownership and small estates.
Short answer: Options include a revocable living trust (M.G.L. c. 203E, § 602) and, for small estates, 'voluntary administration': if the estate is entirely personal property, consisting of a motor vehicle plus other personal property worth no more than $25,000, an interested person may file a sworn… M.G.L. c. 203E, § 602; c. 190B, § 3-1201
| Ways to avoid probate | Options include a revocable living trust (M.G.L. c. 203E, § 602) and, for small estates, 'voluntary administration': if the estate is entirely personal property, consisting of a motor vehicle plus other personal property worth no more than $25,000, an interested person may file a sworn statement with the court 30 days after death and act as voluntary personal representative to collect and distribute the assets without a full probate (M.G.L. c. 190B, § 3-1201). |
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| Small estate affidavit | Voluntary administration: if a Massachusetts resident left only personal property (no real estate) worth no more than $25,000, plus a motor vehicle of any value, an interested person may file a sworn voluntary personal representative statement with the Probate and Family Court in the county where the person lived, on the court's form, at least 30 days after death and if no petition for a personal representative has been filed. The statement lists assets, heirs and will beneficiaries, and is filed with the original will (if any) and a death certificate. The register then issues an attested copy, which the voluntary personal representative uses to collect the assets. Source: M.G.L. c. 190B, § 3-1201 |
More Massachusetts estate law
- Medical Power of Attorney in Massachusetts
- Small Estate Affidavit in Massachusetts
- Power of Attorney in Massachusetts
- Quitclaim Deeds and Transferring Property in Massachusetts
- Who Inherits If You Die Without a Will in Massachusetts
- How to Make a Valid Will in Massachusetts
- How Probate Works in Massachusetts
- Living Wills and Advance Directives in Massachusetts
- Revocable Living Trusts in Massachusetts
- Executor Duties in Massachusetts
- Letters Testamentary in Massachusetts
- Affidavit of Heirship in Massachusetts
- Transferring a Car After Someone Dies in Massachusetts
- All Massachusetts wills, probate and estate rules
FAQ
How can you avoid probate in Massachusetts?
Options include a revocable living trust (M.G.L. c. 203E, § 602) and, for small estates, 'voluntary administration': if the estate is entirely personal property, consisting of a motor vehicle plus other personal property worth no more than $25,000, an interested person may file a sworn statement with the court 30 days after death and act as voluntary personal representative to collect and distribute the assets without a full probate (M.G.L. c. 190B, § 3-1201).
What is the small estate limit in Massachusetts?
Voluntary administration: if a Massachusetts resident left only personal property (no real estate) worth no more than $25,000, plus a motor vehicle of any value, an interested person may file a sworn voluntary personal representative statement with the Probate and Family Court in the county where the person lived, on the court's form, at least 30 days after death and if no petition for a personal representative has been filed. The statement lists assets, heirs and will beneficiaries, and is filed with the original will (if any) and a death certificate. The register then issues an attested copy, which the voluntary personal representative uses to collect the assets.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.