Detailed Answer: Submitting an Affidavit Accounting for Personal Property in a Massachusetts Small Estate Case

This article explains, in plain language, how to prepare and submit an affidavit accounting for personal property when someone dies and the estate qualifies as a small estate under Massachusetts law. It walks through eligibility, the documents you need, how to complete the affidavit, where to file or present it, and what to expect after submission.

What a small estate affidavit does

An affidavit accounting for personal property (often called a small estate affidavit or affidavit for collection) lets an heir or other lawful claimant collect certain personal property (bank accounts, personal effects, small amounts of cash, etc.) without opening full probate administration. The affidavit tells the holder of the property (for example, a bank) who the decedent was, who is claiming the property, what items the claimant seeks, and that no formal administration is pending.

Step 1 — Confirm you qualify under Massachusetts law

Before you prepare an affidavit, verify that the estate meets Massachusetts’ small-estate rules and any dollar thresholds or exclusions that apply. Massachusetts law governing probate and summary procedures is in the Massachusetts General Laws, chapter 190B (Uniform Probate Code). For general guidance from the state on small estates and procedures, see the Probate and Family Court resources on Mass.gov:

If you are unsure whether the estate qualifies, contact the local Probate and Family Court or consult an attorney. If the estate does not qualify, or if disputes or creditor claims exist, you may need to open a formal probate or administration case.

Step 2 — Gather the documents you will need

Collect documents that support the affidavit. Typical items include:

Original or certified copy of the decedent’s death certificate.
Your photo ID and proof of your relationship to the decedent (birth certificate, marriage certificate, beneficiary designation, or affidavit of relationship).
Account statements, titles, bills of sale, household inventory, or other evidence showing the personal property and its approximate value.
Any copies of the decedent’s will (if one exists) or documentation showing there is no pending administration filed in any court.

Step 3 — Complete the affidavit (what to include)

Use the Probate and Family Court’s recommended forms if available, or prepare an affidavit that contains at least the following information:

Full name and last known address of the decedent and date of death.
Your full name, address, relationship to the decedent, and contact information.
A clear inventory of the personal property you seek to collect, with estimated values for each item or account.
A statement that the value of the decedent’s personal property subject to collection does not exceed the amount allowed for small-estate handling under Massachusetts law (check current guidance for any dollar limits).
A statement that no application for appointment of a personal representative or administration is pending in any court, or that any such appointment has been closed.
A declaration under oath that the facts in the affidavit are true to your knowledge and belief, dated and signed in front of a notary public.

Example (hypothetical): “I, Jane Doe, resident of Boston, MA, am the decedent’s adult child. The decedent, John Doe, died on January 1, 2025. I seek to collect a checking account (Bank X ending in 1234) with an approximate balance of $4,200 and household personal effects valued at $1,500. To the best of my knowledge, there is no pending probate administration.”

Step 4 — Notarize and attach supporting documents

Sign the affidavit in front of a notary public. Attach or be prepared to provide the death certificate and any documents that substantiate the ownership and value of the property you claim.

Step 5 — Present or file the affidavit

How you submit the affidavit depends on the asset and local practice:

To collect bank or brokerage balances, present the signed affidavit and the death certificate to the financial institution. Many banks accept the affidavit and release funds if the amount and circumstances meet their internal rules.
For personal items (vehicles, jewelry, household goods), present the affidavit to the holder of the property or to a purchaser, along with any title documents.
If the Probate and Family Court requires filing or if you want the court to record the affidavit, file it in the Probate and Family Court in the county where the decedent lived. Check the local court’s form requirements and whether the court wants a copy on file.

Step 6 — Give notice and handle objections

State law and court rules may require notice to heirs, beneficiaries, or creditors before you take possession. If an heir or creditor objects, they can ask the court to open a full administration or block release of assets. If someone files an objection, do not distribute assets until the dispute resolves or the court authorizes distribution.

When you should open a formal probate instead

Do not use a small estate affidavit if:

The estate’s personal property exceeds the applicable small-estate limit (confirm current limits with the court or statutes).
Significant debts or creditor claims exist that require formal handling.
Multiple heirs dispute who has the right to collect assets.
The asset holder refuses to release property based on the affidavit.

Key Massachusetts references and resources

Massachusetts General Laws, chapter 190B (Uniform Probate Code) — primary statutory source for probate procedures.
Mass.gov — When someone dies: small estates — state guidance and links to local court procedures and forms.
Probate & Family Court forms — check for any specific affidavit or local form your court prefers.

Helpful Hints

Start at the Probate & Family Court website or call the clerk’s office to confirm the correct form and any fee.
Bring original documents (death certificate, ID) and copies when presenting to a bank or filing with court.
Keep careful records of every step: who you spoke to, when, and what they required.
If a bank or institution refuses your affidavit, ask for their written reason; they may require additional documentation or insist on formal probate.
If multiple heirs exist, communicate in writing and consider getting everyone’s consent in writing to avoid surprises and disputes.
When in doubt about dollar thresholds, creditor exposure, or competing claims, consult a probate attorney to avoid personal liability for wrong distributions.
Remember that some assets (e.g., real estate, jointly titled property, accounts with beneficiary designations) follow special rules and may not be collectible through a small estate affidavit.

Next steps

Check the Probate and Family Court forms and small-estate guidance on Mass.gov, prepare your affidavit with supporting documents, and present it to the asset holder or file it with the local court as required. If any person or institution objects, or the estate does not clearly qualify, consider filing for formal administration or seeking legal advice.

Disclaimer: This information is educational only and does not constitute legal advice. I am not a lawyer. For advice about your specific situation, contact a licensed Massachusetts probate attorney or the Probate and Family Court.