The Massachusetts Small Estate Affidavit is an affidavit written by the petitioners of an estate when a family member has passed away with or without making a will. Find out how to write a free Massachusetts Small Estate Affidavit form, where to file the affidavit and the monetary and time limits involved.
The Massachusetts small estate affidavit form, also known as a Massachusetts Voluntary Administration Statement form, is used in circumstances where the decedent has a limited amount of assets. To qualify as a small estate in Massachusetts, the estate in question must be valued at less than $25,000. A Massachusetts Small Estate Affidavit can only be used for the collection of personal property.
Massachusetts Small Estate Affidavit Requirements
- The decedent must be a resident of the State of Massachusetts .
- Falls under the General Laws of Massachusetts Chapter 190B, Section 3-1201 Collection of personal property by affidavit.
- The estate in question must be valued at a maximum of $25,000.
- Thirty days must have passed since the death of the decedent.
- Must be filed in the local register of probate where the decedent resided along with a $115 filing fee.
How to Write a Massachusetts Small Estate Affidavit Form
Enter the county in Massachusetts first. Next, enter the name of the affiant and the affiant’s address. Then, fill in the name and address of the decedent and check the corresponding box identifying the affiant’s relation to the decedent.
Make sure all statements in Section 4 through 9 are true along with the date of the decedent’s death. Attach Schedule A to the affidavit. Schedule A is an itemized list of all the personal property to be collected by the heirs. List any joint owners of property, expenses, claims, or debts in Sections 11, 12 and 13. The affiant may now sign and date the affidavit in the presence of a notary to validate the document.
Free Massachusetts Small Estate Affidavit Form
A copy of the death certificate, the Massachusetts Small Estate Affidavit form and a filing fee of $115 for the administrative processing of the estate are needed to file the affidavit with the local register of probate in the county where the decedent resided. Once registered, the heirs can then go about collecting assets from the estate.
Fill out and print a free Massachusetts Small Estate Affidavit online.