Massachusetts Small Estate Affidavit

A Massachusetts small estate affidavit is a legal document used to present a claim on the estate or part of the estate of a deceased loved one. This process can be used to avoid probate court in Massachusetts when the estate's value is no greater than $25,000.

Updated August 05, 2024

Laws

Days After Death – Thirty (30) days.^[1]
Filing Fee – $115.^[1]^[2]
Maximum Amount ($) – $25,000, excluding the value of a single motor vehicle.^[1]
Signing – Both the affiant and a notary public are required to sign.
Statutes – Collection of Personal Property by Voluntary Administration Procedures for Small Estates

How to File (3 steps)

1. Wait 30 Days

Wait a minimum of 30 days before filing the affidavit.

2. Complete Documents

Gather and complete the following necessary documents:

Copy of death certificate
Copy of will (if it exists)
Small Estate Affidavit

3. File With Probate Court

File all of the above documents with the probate court local to the decedent’s residence at their death.