Detailed Answer
A small estate affidavit in Massachusetts lets a qualifying person collect a decedents personal property (like bank accounts) without full probate. Under Massachusetts General Laws c.190B 3-100, you can use this process when the decedents personal property does not exceed $25,000. To complete the affidavit, gather these documents:
- Certified Death Certificate
Obtain at least one certified copy from the Massachusetts Registry of Vital Records. - Affidavit Form
Draft or download an affidavit that meets the requirements of MGL c.190B 3-100. Include the decedents name, date of death, relationship of the affiant, and a statement of value. - Proof of Identity
Provide valid photo identification (drivers license or passport) for the person signing the affidavit. - Asset Inventory
Obtain recent statements (within 60 days of filing) for each account or item of personal property. Include bank, brokerage or other custodial statements showing account numbers and balances. - Heir and Beneficiary Information
List the names and addresses of all heirs at law or beneficiaries under any will. - Value Declaration
A signed statement certifying the total value of personal property does not exceed $25,000. - Creditor Claim Acknowledgment
An acknowledgment that creditors have up to one year from the date of death to present claims under MGL c.190B 3-110. - Notarized Signature
Have the affidavit sworn and signed before a Massachusetts notary public.
Once assembled, present the affidavit and supporting documents to the holders of the decedents property (banks, brokerage firms, etc.). They will review the affidavit and release the assets to the affiant. Keep copies of everything for your records.
Helpful Hints
- Confirm Eligibility: Make sure total personal property value is $25,000 or less.
- Use Originals: Always submit a certified death certificate; banks may reject photocopies.
- Bank Requirements Vary: Some institutions provide their own affidavit forms—ask in advance.
- Keep Detailed Records: Retain copies of all documents and correspondence.
- Notify Heirs Early: Inform potential heirs to avoid disputes.
- Check Deadlines: Creditors have one year to file claims under MGL c.190B 3-110.
- Review Statutes: Read MGL c.190B 3-100 and related sections for full details.
- Seek Help if Needed: Consider legal advice if youre unsure about any requirement.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney to discuss your specific situation.