Detailed Answer
If a Massachusetts resident dies leaving less than $25,000 in personal assets and no pending probate, you may use a small estate affidavit under G.L. c. 190B § 3-707 to collect and distribute property without full probate. This streamlined process lets an heir or beneficiary claim assets directly from banks, brokerages, and other holders.
1. Confirm Eligibility
- The decedent was domiciled in Massachusetts at death.
- No probate case is open for the estate.
- Total value of tangible personal property does not exceed $25,000 (excluding motor vehicles).
- At least 30 days have passed since the date of death.
2. Identify Heirs and Their Shares
If the decedent left a valid will, distribute according to its terms. If intestate (no will), follow Massachusetts’ inheritance statutes at G.L. c. 190B § 2-102: spouse first, then children, then parents and siblings. You must list all heirs by name, address, and relationship.
3. Prepare the Affidavit
- Download or draft an affidavit form that meets G.L. c. 190B § 3-707 requirements.
See statute language. - Include decedent’s name, date of death, and a statement of eligibility.
- List all personal assets and their values, supported by account statements or appraisals.
- Attach a certified copy of the death certificate.
- swear before a notary that the information is correct.
4. Submit to Asset Holders
Provide the completed affidavit and attachments to each institution holding decedent’s assets. They must release property up to the $25,000 limit once they verify your claim.
5. Distribute to Heirs
After you collect the assets, distribute them according to the will or intestate rules. Keep records of each distribution, including dates, amounts, and heir signatures acknowledging receipt.
6. Maintain Records
Retain copies of the affidavit, distribution statements, and correspondence with asset holders. These documents protect you if an heir later disputes the process.
Disclaimer: This article is for informational purposes and does not constitute legal advice. Always consult a qualified Massachusetts probate attorney or the Probate and Family Court for guidance on your specific situation.
Helpful Hints
- Verify asset values by obtaining recent statements or appraisals.
- Confirm no other probate or small estate proceeding is pending.
- Notify all potential heirs before signing the affidavit to avoid disputes.
- Check with the Massachusetts Probate and Family Court for local forms or requirements.
- Consider legal counsel if assets exceed $25,000 or if there is a will contest.