Massachusetts small estate affidavit: limits & how it works
Massachusetts offers 'voluntary administration' for small estates: if the personal property is $25,000 or less (plus one vehicle), a voluntary administrator can be appointed to collect and distribute assets through a simplified process.
MA small-estate limit
$25,000 personal property (plus one vehicle)
- Voluntary administration is available when personal property is $25,000 or less (plus one vehicle up to a value limit).
- A voluntary administrator is appointed by the court — a simplified process compared to formal probate.
- Real property in the decedent's name alone generally requires probate unless held jointly or with a transfer-on-death deed (available in MA since 2012).
- Kindred can handle the voluntary administration or run the full informal/formal probate if the estate is larger.
Common questions
Do I need a lawyer for probate in Massachusetts?
No — Massachusetts adopted the Uniform Probate Code, which allows a personal representative to handle both informal and formal probate without an attorney. Kindred handles the administrative work for a flat fee. If a formal or contested proceeding arises, we flag it so you can bring in an attorney of your choosing. Kindred is not a law firm.
How much does probate cost in Massachusetts?
No statutory percentage fee — attorneys typically bill $250-$450/hour or a flat fee. Court filing fees vary by probate track. Estates above $2 million may owe Massachusetts estate tax. Voluntary administration for estates under $25,000 is much cheaper. These are illustrative figures.
How long does probate take in Massachusetts?
A formal probate typically runs 10 to 15 months — creditors have 1 year to file claims. Informal probate can be faster (6-10 months). Voluntary administration for small estates ($25,000 or less) can resolve in weeks.
Does Massachusetts have an inheritance tax?
Massachusetts has an estate tax (not an inheritance tax) for estates valued above $2 million. The estate tax is paid by the estate before distribution, not by individual heirs. Estates below $2 million owe no Massachusetts estate tax. There is no separate inheritance tax based on heir relationship.
Last verified June 2026. Figures are illustrative and vary by estate — not a quote or legal advice. Kindred is not a law firm and does not provide legal advice; we handle the administrative work and coordinate an independent attorney where one is legally required.
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