Detailed Answer

This FAQ explains what records you need to show transfers of assets when using Massachusetts small estate procedures. This is an educational guide only and not legal advice. If you have questions about a real case, contact a probate attorney or the Probate and Family Court.

Which small estate procedure applies in Massachusetts?

Massachusetts allows simplified collection of certain personal property through an affidavit procedure under the Massachusetts probate code. The relevant statutory provisions are in the Massachusetts General Laws (see M.G.L. c. 190B, arts. 3-120 and 3-121). For the exact statutory text, see: M.G.L. c. 190B §3-120 and M.G.L. c. 190B §3-121.

What is the general purpose of the records?

When you ask a bank, brokerage, insurance company, motor vehicle registry, or other institution to release or transfer assets under a small estate affidavit or summary process, the institution will want:

proof that the decedent died,
proof that you are entitled to collect or receive the asset (your relationship or legal right), and
clear evidence of the asset’s identity and value and any beneficiary or title designations already in place.

Checklist: Records commonly required to show asset transfers

Collect the items below and provide originals or certified copies as the institution requests. Keep a copy for your records.

Death certificate — An official certified copy of the decedent’s death certificate is almost always required.
Affidavit or small‑estate form — The signed and notarized affidavit required by the institution or by Massachusetts law (see M.G.L. c. 190B §3-120). Some institutions have their own affidavit forms; others accept the statutory affidavit. Include the oath swearing to the facts you list.
Proof of identity for the claimant — Government ID (driver’s license, passport) to show you are the person signing the affidavit.
Proof of relationship or entitlement — Documents showing you are the named beneficiary, surviving spouse, next of kin, or executor (e.g., marriage certificate, birth certificate, beneficiary designation, copies of the will, letters testamentary if available).
Account statements and titles — Recent bank statements, brokerage account statements, certificates of deposit, mutual fund statements, and account numbers to identify the asset you want transferred.
Vehicle title or registration — The title and registration for motor vehicles; if title is missing, the Registry of Motor Vehicles will have procedures and may require additional documentation.
Real‑property records (if applicable) — Deeds, mortgage payoff statements, or a record showing whether real property is owned jointly or solely. Note: real estate often requires full probate unless it passes automatically by survivorship or beneficiary designation.
Life insurance and retirement plan documents — Policy numbers, beneficiary designation forms, and contact information for the insurer/plan administrator; statements showing the decedent named you as beneficiary or payable‑on‑death (POD)/transfer‑on‑death (TOD) designation.
Payable‑on‑death, transfer‑on‑death records — Where accounts or securities have a POD or TOD designation, bring account paperwork showing that designation.
Letters, receipts, or confirmation of prior transfers — If some property already moved (for example a bank paid funds out), bring the bank’s written confirmation or receipt.
Inventory or valuation documents — Recent appraisals, vehicle valuations (e.g., Kelley Blue Book printout), or statements that show current value. Institutions may require proof that the estate qualifies as a small estate under the statutory threshold.
Notices to creditors or creditor claims (if any) — If creditors have made claims, or you have published notice, bring copies. While small estate procedures streamline distribution, creditor issues can complicate transfers.

How to present records to banks and other institutions

Prepare a packet: certified death certificate, signed notarized affidavit, your ID, proof of entitlement, and account/titles for each asset.
Call the institution first and ask which form they require. Many banks have their own small‑estate affidavit forms and specific procedures.
Some institutions accept photocopies; many require originals or certified copies for death certificates and titles. Ask whether the institution will return originals or retain them.
If the institution refuses to release an asset, ask for the reason in writing. You may need to file a simple probate petition or a court order with the Probate and Family Court.

Special situations (common complications)

Joint accounts or accounts with POD/TOD beneficiaries — These usually pass outside probate. Provide the account statement and any signature cards showing survivorship or beneficiary designation.
Assets titled solely in decedent’s name with no beneficiary — These typically require the small estate affidavit if eligible, or full probate if the estate exceeds statutory limits or has real property.
Debts and creditor claims — The small estate procedure does not eliminate creditor claims. If creditors present valid claims, institutions may hold funds pending resolution.
Disputes among heirs — If heirs or beneficiaries dispute entitlement, the institution will often decline to distribute without a court order.

When to consult the Probate and Family Court or an attorney

Contact the court or an attorney if:

the estate may exceed the small‑estate statutory limit,
there is real property titled solely in the decedent’s name,
there are competing claims or disputes among heirs,
creditor claims exist that could affect distributions, or
an institution refuses to accept your affidavit and will only release assets by court order.

Where to find forms and statutes

Start with the Probate and Family Court pages and the Massachusetts General Laws cited above. Helpful links:

Summary

To show asset transfers under Massachusetts small estate procedures you typically need a certified death certificate, a signed notarized small‑estate affidavit, proof of your identity and entitlement (beneficiary designation, marriage/birth certificate, or will), and clear account/titling documents (statements, titles, policy numbers). Different institutions may require additional or specific forms. If the institution will not accept your paperwork or the estate is complicated, you may need to open a probate case in the Probate and Family Court.

Disclaimer

This information is educational and does not constitute legal advice. Laws change and individual situations vary. For legal advice tailored to your situation, consult a Massachusetts probate attorney or the Probate and Family Court.

Helpful Hints

Call the bank or institution before you visit to learn their exact checklist and form requirements.
Bring originals of critical documents (death certificate, ID, title) and copies for the institution to keep.
If you expect a refusal, ask the institution for a written explanation so you can show it to an attorney or the court.
Keep a detailed inventory and photographs of physical property and send copies to all heirs to reduce disputes.
Preserve emails, beneficiary forms, and account opening documents — they often resolve questions about ownership faster than a court fight.
If the estate seems larger than a small estate or there’s real property, seek probate counsel early to avoid missed filing deadlines and to protect heirs from creditor claims.