Detailed Answer
Summary: In Massachusetts, a small estate affidavit is a short, informal way for a person entitled to inherit to collect certain kinds of personal property owned solely by the decedent without opening a full probate administration. Whether an asset should be listed on the affidavit depends on (1) how the asset was titled at the decedent’s death, (2) whether a beneficiary designation or transfer-on-death (TOD/POD) mechanism already directs the asset to someone other than the estate, and (3) whether the asset is the type of property the small-estate procedure covers under Massachusetts law. Before using any affidavit form, check the Massachusetts statute governing small estates and the form/requirements used by the local probate court. See the statutory framework: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B/Section3-1201 and https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B/Section3-1202.
Which assets to list
- Solely owned personal property and bank accounts: List accounts, certificates of deposit, cash, personal effects, and other assets that were owned solely in the decedent’s name at death (no co-owner with right of survivorship and no named beneficiary). Include the custodian’s name (bank, brokerage), account number (or last 4 digits), and the fair market value or balance as of the date of death.
- Vehicles titled only in the decedent’s name: If a car, boat, or other titled vehicle was owned only by the decedent, include it (and provide title info and estimated value). Some registries will transfer title on presentation of the affidavit; others require an application with the Registry of Motor Vehicles or the probate court.
- Items without beneficiary designations but under custodial control: Tangible personal property (furniture, jewelry, collectibles) that did not transfer by contract or beneficiary designation should be listed if it is being claimed by the person using the affidavit.
Which assets you generally should not list (leave blank or indicate “not applicable”)
- Assets with beneficiary designations: Do NOT include life insurance proceeds, IRAs, 401(k) accounts, annuities, or similar assets that name a beneficiary other than the estate. These pass outside probate and the insurance company or plan administrator will require their own claim forms. If the beneficiary is the estate (rare), then include it.
- Payable-on-death (POD) / Transfer-on-death (TOD) and joint accounts: Accounts titled POD/TOD to a named person or held jointly with the right of survivorship typically pass to the named beneficiary or surviving joint owner directly and are not part of the probate estate for the small estate affidavit. Do not list them as estate assets unless the institution tells you the funds are payable to the estate.
- Real estate: Do not include real property (real estate) in a personal property small estate affidavit. Real estate transfers usually require a separate probate administration or a deed transfer process and are governed by different rules. If the decedent owned real estate, consult the probate court or an attorney about formal administration or other statutory remedies.
- Assets subject to liens or collateral: If an asset is encumbered by a secured loan or is collateral, tell the institution about the encumbrance. You can list the asset, but note any outstanding debts; an institution may require resolution with the creditor.
How to report values and when to put zero
- Report the fair market value or the account balance as of the date of death. Use statements dated as close to that date as possible.
- Only put “0” when the decedent owned the item but it had no market value (for example, an empty safe-deposit box or a worthless personal item). If you have not confirmed a balance or value, do not guess—write an estimate and label it as an estimate, or obtain documentation from the custodian.
- If an asset has negative net value (e.g., the expected sale proceeds will be consumed by liens), indicate the gross value and separately note the lien amount rather than simply putting zero.
Practical examples
- If Mary had a checking account titled only in her name with $4,200 at death, list the bank, account, and $4,200.
- If Tom had a life insurance policy naming his daughter as beneficiary, do not list that policy. The daughter must submit a claim to the insurer directly.
- If Joan’s house was titled solely in her name, do not attempt to transfer it using a small estate affidavit for personal property—real estate is handled differently.
- If a brokerage account is titled “John Doe and Jane Doe, JTWROS” (joint tenants with right of survivorship), it typically passes to the surviving joint owner and should not be claimed on the small estate affidavit as an asset of the decedent’s estate.
Steps to decide what to list
- Collect documentation: account statements, titles, insurance policies, retirement plan documents, and the decedent’s will (if any).
- Check title and beneficiary language: look at how each asset is titled and whether a beneficiary is named.
- Contact custodians: ask banks, brokerages, and insurers whether they will pay on an affidavit and what documentation they require.
- Prepare an inventory: list every asset you believe the decedent owned solely in their name; attach copies of statements when possible.
- File or present the affidavit where required: Massachusetts procedures and forms vary—some institutions will accept the affidavit without filing in probate; others want an affidavit signed before a probate court officer or filed with the court. See the small-estate provisions: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B/Section3-1201.
When to consult the probate court or an attorney
If you are unsure whether an asset passes outside probate (e.g., complicated account titling, unclear beneficiary designation, potential creditor claims, real estate, or debts that exceed assets), contact the local probate court clerk or speak with an attorney. If the estate includes real property, or if there is a will contest or multiple people claiming the same property, a formal probate filing will likely be necessary.
Important legal notes
- Massachusetts law sets out the small-estate and collection procedures. Review the statute text for precise rules and limits: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B/Section3-1201 and https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B/Section3-1202.
- Make truthful statements. An affidavit is a sworn statement; knowingly making false statements can have legal consequences.
Disclaimer: This article explains general principles under Massachusetts law and is for educational purposes only. It is not legal advice. For guidance about a specific estate or to prepare or file a document, consult the probate court or a licensed Massachusetts attorney.
Helpful Hints
- Start by making a full inventory—even items you think will pass outside probate—so you can verify titles and beneficiary designations.
- Bring the death certificate and photo ID when presenting an affidavit to institutions; many will require an original or certified copy.
- Label tentative values as estimates if you cannot immediately obtain exact balances or appraisals.
- When in doubt, ask the institution that holds the asset whether it will honor a small estate affidavit or needs a probate court order.
- Keep a copy of everything you submit and a list of the people and institutions you contacted, with dates and names of representatives.
- Do not assume joint or beneficiary language; obtain account statements or title documents showing how the asset is held.
- If multiple heirs will claim the same asset, consider getting everyone’s written consent or using probate to avoid disputes.