Small Estate Probate Procedures in Massachusetts

In Massachusetts, a full, formal probate process can be time-consuming and expensive. For smaller estates, however, the Commonwealth offers a simplified, more efficient procedure. If a loved one's estate qualifies as a "small estate," you may be able to use a process known as a Voluntary Administration, which can save time, money, and stress for families dealing with a loss.

A small estate in Massachusetts is generally one with a total value of $25,000 or less, not including a car. The Voluntary Administration procedure is a streamlined process that allows the rightful heirs to collect and distribute the estate's assets without going through the full, formal probate process. This is a practical and cost-effective option for many families who are not dealing with complex assets or significant debt. It’s important to note that the $25,000 threshold can change, so it's wise to consult with an attorney to confirm the current limit.

The process for a Voluntary Administration typically involves:

1. Filing a Voluntary Administration Statement: The process begins with a simple form, the "Voluntary Administration Statement," which is filed with the Probate and Family Court in the county where the deceased lived. This form is much shorter and simpler than a formal probate petition.
2. Listing Assets and Debts: The statement requires you to list all of the deceased person’s assets, ensuring the total value meets the small estate threshold. You must also include a death certificate and a list of known debts, as you are responsible for paying these from the estate’s funds.
3. Appointing the Voluntary Administrator: The person who files the statement is automatically appointed as the Voluntary Administrator and is granted the authority to handle the estate. This is a much quicker appointment than in a formal probate case, where a court hearing may be required.
4. Managing the Estate: The Voluntary Administrator is then responsible for collecting the assets, such as a bank account or a small personal property, paying any outstanding debts, and distributing the remaining property to the legal heirs. The law requires you to pay the deceased’s debts in a specific order, which can be a tricky part of the process.
5. Finalizing the Process: Unlike formal probate, there is no need for a formal final accounting to the court. However, it is still crucial to keep a clear record of all transactions to protect yourself from liability.

This simplified process can be a lifeline for families with modest estates. However, even with a small estate, it is crucial to handle the administration correctly to avoid personal liability for the deceased's debts. Our team at Percy Law Group, PC can help you determine if a small estate procedure is right for your situation and guide you through the process step-by-step. We ensure that you meet all legal requirements and that the estate is handled efficiently and correctly, providing peace of mind during a difficult time.