Detailed Answer

Short answer: Maybe — but it depends on the type and value of the assets, how title is held, and whether Massachusetts’ limited summary procedures or a creditor/financial-institution process will allow collection without formal probate.

Massachusetts does not have a single, statewide “one-size-fits-all” small-estate affidavit that automatically replaces probate for every intestate (no-will) case. Instead, there are a few non-probate or simplified paths that may let family or other heirs collect certain personal property without opening a full probate estate. Whether you can use one of those paths depends on several factors:

• Type of property: Banks, brokerage firms, and other holders of personal property often have their own internal procedures and forms (sometimes called an affidavit of collection or small-estate affidavit) to release funds when the decedent’s account is small and there are clear heirs. These procedures typically apply only to personal property (bank accounts, cash, personal effects), not to real estate.
• Title and beneficiary designations: Assets titled jointly with right of survivorship, payable-on-death (POD) or transfer-on-death (TOD) accounts, life insurance, and many retirement accounts pass outside probate under their beneficiary designations. Those do not require a small-estate affidavit or probate to transfer to the named beneficiary.
• Value of the estate: Many institutions will only accept an affidavit or release property when the total value they hold for the deceased is below an internal threshold. Massachusetts statutes and court rules provide some statutory tools and simplified procedures for small estates, but the availability and dollar thresholds vary and are tied to specific statutory rules or court authority.
• Real estate or contested claims: If the decedent owned real estate in their sole name, or if someone contests who the heirs are, or there are likely creditor claims, formal probate (appointment of a personal representative/administrator) will usually be required.

Relevant Massachusetts law: The Massachusetts Uniform Probate Code and related probate statutes govern administration of estates and the limited procedures for small estates. See Massachusetts General Laws, Chapter 190B for the probate framework: M.G.L. Chapter 190B (Probate Code). For practical, court-specific guidance, the Probate and Family Court’s resources on settling an estate are helpful: Massachusetts Probate and Family Court (Mass.gov).

Common scenarios where you may avoid full probate

• All assets have beneficiary designations or are held jointly — you claim assets directly from the institution that holds them.
• A bank or other holder will accept an affidavit of collection for a small account — often for modest account balances or personal effects.
• The estate consists only of personal property under whatever dollar threshold the institution or local rule sets and no creditors or disputes are present.

When you will likely need formal probate

• There is real estate titled solely in the decedent’s name.
• The estate includes significant assets, complicated ownership, or disputes among potential heirs.
• Creditors must be notified and claims administered.
• Institutions refuse to release funds without a court appointment of an administrator.

Practical next steps

1. Make a complete inventory of assets, account titles, and beneficiary designations.
2. Call the institution that holds each asset and ask about their small-estate affidavit or collection process and any internal dollar limits.
3. Check whether real estate exists in the decedent’s name — this usually requires probate.
4. Contact the local Probate and Family Court clerk’s office for guidance about simplified procedures in your county: Massachusetts Probate and Family Court.
5. If unclear or contested, consult an attorney experienced in Massachusetts probate and estate administration to help determine whether a small-estate process is lawful and practical in your case.

Important note: Laws and court practices change. If you plan to rely on a particular “small estate” or affidavit procedure, confirm the current process and any dollar limits with the Probate and Family Court or an attorney. For statutory framework on probate administration, see M.G.L. Chapter 190B: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B.

Disclaimer: This is educational information about Massachusetts law and is not legal advice. Consult a licensed Massachusetts attorney for advice about your specific situation.

Helpful Hints

• Start by locating wills, deeds, insurance policies, and account statements to see how assets are titled.
• Call banks and firms in writing; get their small-estate affidavit forms and written guidance on any dollar limits.
• If the estate appears small but includes a house, plan on probate or a court order to transfer title.
• Use the Probate and Family Court clerk’s office as a free resource for forms and procedural questions: Massachusetts Probate and Family Court.
• When in doubt, a short consult with a probate attorney can save time and avoid mistakes that make later transfers harder or more costly.
• Keep careful records of who you notify, what forms you submit, and any receipts or releases you receive from institutions.