In many states the law provides an informal means or process for administering small estates, as defined by the state’s statutes.
For example, in some states an estate under a certain value may be distributed using an affidavit known as a small estate affidavit that is signed by the persons to whom the estate’s assets are to be distributed and two disinterested witnesses.
And other states have a simplified small estate process under which the successor to an interest in real property may petition the court to transfer the real property and recognize the transfer of personal property.
Laws vary from state to state and a state’s informal process for administering a small estate is usually located in the state’s statutes—often in the estates code or probate code.
In Massachusetts, the law provides a simplified process for administering small estates through the use of a small estate affidavit, also known as a Voluntary Administration Statement. This process is available for estates where the value of the personal property does not exceed $25,000 (excluding the value of a vehicle), and there is no real estate involved. The decedent must have been a resident of Massachusetts at the time of death. The process involves filling out a Voluntary Administration Statement (MPC 170) and submitting it to the Probate and Family Court in the county where the decedent lived. This form must be filed within 30 days of the decedent's death, and it allows the transfer of the decedent's assets without formal probate proceedings. If the decedent owned real estate, a different process must be used, which may involve a formal probate proceeding. It is advisable to consult with an attorney to ensure compliance with all legal requirements and to determine the most appropriate process for administering the estate.