Massachusetts probate code · checked October 2026
For money and belongings, Massachusetts's affidavit limit is $25,000 — applied to the estate after the assets that pass automatically are taken out. Voluntary administration is for personal property only — real estate closes this door and needs a fuller probate track. The affidavit, where one exists, cannot be used until 30 days have passed since the death.
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The affidavit limit today: $25,000, judged by the law in force on the date of death.
The paper: MPC 170, Voluntary Administration Statement (instructions MPC 961), Probate and Family Court.
How it moves: filed with the court — a court paper, not an envelope.
The wait: 30 days after the death before the affidavit can be used.
For a surviving spouse: No different spousal cap; a surviving spouse is an interested person who may serve as voluntary personal representative under the same $25,000 (plus a car) limit.
| Track | Limit | How it works |
|---|---|---|
| Small-estate affidavit | $25,000 | Filed with the court. Form: MPC 170, Voluntary Administration Statement (instructions MPC 961), Probate and Family Court. |
| Summary Administration (G.L. c. 190B, 3-1203, closing by sworn statement under 3-1204) | — | The shorter court track. |
One motor vehicle owned by the decedent is expressly EXCLUDED from the $25,000 cap - the statute allows an estate that may include a motor vehicle plus other personal property not exceeding $25,000.
No solvency precondition; the voluntary personal representative must administer according to law and apply the proceeds in the statutory order (funeral/administration expenses, taxes and debts) before distributing the balance.
Rules checked October 2026 · Sources: G.L. c. 190B, 3-1201; G.L. c. 190B, 3-1202; G.L. c. 190B, 3-1203; G.L. c. 190B, 3-1204. This page reads the published law; it is not legal advice, and the court is the final word.