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Overview — what you need to confirm

To use a small‑estate or simplified process you must confirm two things: (1) the correct statutory small‑estate threshold in Massachusetts, and (2) the factual amount and legal status of the bank account(s) and other personal property that could be part of the probate estate. Court rules and bank practices can change, so always verify the current dollar limit with the Probate and Family Court or an attorney.

For Massachusetts probate law and to check current rules, see the Probate Code at the Massachusetts General Court: Mass. Gen. Laws chapter 190B, and the Probate and Family Court website: Massachusetts Probate and Family Court.

Step-by-step: how to determine whether the account is under your chosen threshold ($20,000)

1. Confirm the applicable legal limit.

   Before doing the math, confirm the current small‑estate threshold used by Massachusetts courts. Contact the clerk at the local Probate and Family Court or check their website. Some simplified procedures apply only to personal property (not real estate) and the threshold can change.

2. Get the exact account balance as of the date of death.

   Ask the bank for a statement or a written certification showing the account balance on the decedent’s date of death. Banks usually require a death certificate and the account number. A certified bank letter is the most reliable proof for the court or for other institutions.

3. Identify who legally owns the account.

   Determine whether the account was in the deceased’s sole name, joint with right of survivorship, or has a payable‑on‑death (POD) or transfer‑on‑death (TOD) beneficiary. Sole accounts typically count toward the probate estate; joint accounts with survivorship and POD/TOD accounts usually pass outside probate to the co‑owner or named beneficiary.

4. Check for liens, holds, or pending transactions.

   Ask the bank whether any holds, overdrafts, uncleared checks, garnishments, or account freezes apply. The amount available for distribution may be lower than the nominal balance.

5. Add up all probate‑subject personal property.

   A small‑estate test normally looks at the total of personal property that must pass through probate — not each bank account separately. Include cash, sole‑name bank accounts, personal property, and other probate assets. Exclude property that passes by beneficiary designation, joint survivorship, or trust ownership.

6. Document everything for the court or the bank.

   Keep copies of certified bank letters, statements showing the balance on the date of death, the death certificate, and any beneficiary or account titling documents. If you plan to present a small‑estate affidavit to the bank, it will typically want those documents.

Common legal issues that affect the calculation

• Joint accounts labeled as “joint tenancy” or with a co‑owner often transfer to the surviving co‑owner outside probate and usually are not counted toward the small‑estate threshold.
• POD/TOD designations and life insurance/retirement accounts with named beneficiaries pass outside probate. Do not include them in the probate asset total.
• Accounts titled in an irrevocable trust are not part of the probate estate.
• Debts and liabilities do not typically reduce the value used to determine the small‑estate threshold; the court or process you use will explain how debts are handled.
• If multiple bank accounts exist, add the probate‑subject accounts together to see whether the total exceeds the small‑estate limit.

If the account (or total probate property) is under the limit — next steps

If the total of probate‑subject personal property is within the statutory limit and the account is in sole name (or otherwise subject to the simplified process), you will usually be able to use the small‑estate paperwork or affidavit to claim funds from the bank. Typical next steps:

• Obtain the required number of certified death certificates.
• Collect the bank’s requirements (they often have a form checklist and may accept a court‑issued affidavit or a small‑estate form).
• If necessary, file the small‑estate affidavit or the simplified petition in Probate and Family Court following the court’s instructions.
• Bring IDs, the bank’s checklist, certified bank letter (balance), and any forms the court or bank requires.

When to talk to the Probate Court or an attorney

Contact the Probate and Family Court clerk if you are unsure whether an asset is probate‑subject, how to value an account as of the date of death, or what forms the court expects. If the estate is near the threshold, if there are competing claimants, or if title/beneficiary questions exist, consult an attorney. The court clerk can confirm local forms and amounts but cannot give legal advice.

Probate and Family Court information: https://www.mass.gov/orgs/probate-and-family-court

Helpful Hints

• Request a bank letter that states the exact balance on the date of death; banks often provide this for estate matters.
• Get multiple certified copies of the death certificate — banks and other institutions almost always require them.
• Ask the bank in writing what documents they will accept to release funds. Bank policies vary even if the estate qualifies under state law.
• Make a list of all accounts and beneficiary designations before totaling probate assets. It helps avoid double‑counting and missing non‑probate transfers.
• Don’t assume a joint account is fully outside probate — confirm the account’s titling language and the bank’s view of survivorship rights.
• If the estate slightly exceeds the small‑estate threshold, compare the likely cost and delay of full probate to the alternatives; sometimes formal probate is still practical.
• Keep all communications with banks and courts in writing and keep copies of everything you send or receive.