A Massachusetts small estate affidavit is a written statement, verified by oath or affirmation, that is filed with the Probate and Family Court. It is available when the estate consists entirely of personal property, which may include a motor vehicle the person owned, plus other personal property worth up to $25,000. It can be filed once 30 days have passed since the death.[1]
Last Updated: October 2026. This guide is reviewed and updated regularly to reflect current Massachusetts law. If you notice an error or outdated information, please contact us.
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The legal basis for the Massachusetts small estate rule is Mass. Gen. Laws ch. 190B, § 3-1201. It covers an estate made up entirely of personal property, worth up to $25,000 plus a motor vehicle the person owned. The petitioner files a statement with the Probate and Family Court of the county where the person lived.[1]
The statute sets these conditions for the statement:
The estate consists entirely of personal property, and other personal property does not exceed $25,000 in value.
The statement is filed after 30 days from the death of the decedent.
No petition for appointment of a personal representative has been filed with the court of the county in which the decedent resided.
The statement is verified by oath, or affirmation.
The statement is accompanied by a certificate of the death of the deceased by a public officer.
The original of any will is filed with the statement.[1]
The statute describes the estate in these words:
If a person domiciled in the commonwealth dies leaving an estate consisting entirely of personal property the total value of which may include a motor vehicle of which the decedent was the owner, and other personal property not exceeding $25,000 in value...
In short, the estate is personal property only. A motor vehicle the person owned can be counted along with up to $25,000 of other personal property.[1] Looking for another state? See all small estate affidavit forms.
Copies to the Division of Medical Assistance
A voluntary personal representative must certify on the statement that copies of the statement and the death certificate have been sent to the Division of Medical Assistance by certified mail. The state's medical assistance agency must present any claim against the estate within 4 months of the date the register dockets the statement.[1]
Massachusetts Small Estate Affidavit Laws Details
This table sums up the same Massachusetts rules in short form.
Max. Estate
$25,000 in personal property, plus a motor vehicle the person owned[1]
Other Massachusetts Forms
Try out our builder to customize any template on our site to your preferences. Here’s a group of other widely-used Massachusetts documents we offer.
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How to Fill Out the Massachusetts Small Estate Affidavit Form
The FormsPal Massachusetts small estate affidavit template has three pages and ten parts to complete. You enter the court caption, the decedent's details, your own details, the asset schedule, the joint owners and your signature. Follow the ten steps below in order.
Have these details ready before you start, so you can fill the form in one sitting:
The decedent's full name, date of death and address at death.
Your name, address, phone number and interest in the estate.
A list of the decedent's personal property, with an estimated value for each item.
The make, model and VIN of any motor vehicle.
The names and addresses of joint owners, heirs and devisees.
The screenshots under each step show the FormsPal Massachusetts small estate affidavit template filled with sample entries in blue, so you can see where each answer goes. The names, addresses, dates and amounts are examples only.
Court caption and date of death. At the top, enter the Division and the Docket No. if the court has already given you one. Then enter the decedent's name and the Date of Death.Step 1: sample entries, not a real document.
1. Information about the Decedent. Enter the decedent's name, any name the person was also known by, and the domicile at death. The domicile is the address where the person lived at death.Step 2: sample entries, not a real document.
2. Information about the Petitioner. The petitioner is the person filing the form. Enter your name, address, mailing address if it is different, and primary phone number. Then describe your interest in the estate, such as surviving spouse or heir.Step 3: sample entries, not a real document.
Items 3 to 7: the printed statements. Items 3, 4, 6 and 7 are printed statements with no blanks. They say that 30 days have passed since the death, that a death certificate accompanies the statement, that copies went to the Division of Medical Assistance, and that the probate estate is personal property worth no more than $25,000, exclusive of one motor vehicle. Item 5 gives two will statements, so check the one that applies.Step 4: sample entries, not a real document.
Page 2 heading. Repeat the decedent's name and the Docket No. at the top of page 2.Step 5: sample entries, not a real document.
8. Schedule of assets. List each asset of the probate estate with its estimated value, then enter the Total. One line asks for the motor vehicle make, model and VIN.Step 6: sample entries, not a real document.
9. Joint owners and the people who would take. For each person, enter the name and address, then check Heir, Devisee or Joint Owner. The form has five rows. Read the printed items 10 and 11 below the rows before you go on to page 3.Step 7: sample entries, not a real document.
Page 3 heading. Repeat the decedent's name and the Docket No. at the top of page 3.Step 8: sample entries, not a real document.
Signed under the penalties of perjury. Enter the date and sign as the petitioner on the Signature of Petitioner line. The attorney block, with the signature, name, address, phone number, BBO number and email, is for an attorney, so fill it in only if an attorney helped you.Step 9: sample entries, not a real document.
Court use only block. The Register of Probate completes the area below the line marked for court use only. Leave the Date and Register of Probate lines blank.Step 10: sample entries, not a real document.
Tip: Keep a copy of the signed statement for your own records, as a PDF or on paper. You can fill in the downloaded PDF on screen without printing it first, using our online PDF editor, and print only the signed copy.
What to Do After You Fill Out the Form
Once the statement is complete, you sign it, gather the papers that go with it, and present everything to the Probate and Family Court of the county where the person lived. The statute sets the conditions, and the court register dockets the documents once they are presented. The process has seven steps.[1]
Work through these steps in order:
Wait until 30 days have passed since the death.
Confirm that no petition for appointment of a personal representative has been filed with the court of the county where the person lived.
Sign the statement. The law says it must be verified by oath, or affirmation.
Attach a certificate of the death issued by a public officer.
File the original of any will with the statement.
Send copies of the statement and the death certificate to the Division of Medical Assistance by certified mail, as item 6 of the form says.[1]
Present the papers to the court. A fee set by law applies, so ask the court for the current amount.
The Massachusetts small estate affidavit rule turns on the $25,000 limit and the 30-day wait in Mass. Gen. Laws ch. 190B, § 3-1201. The short answers below cover the questions people ask most, and the key figures are listed here first.
Limit: $25,000 in personal property, plus a motor vehicle the person owned.
Massachusetts has a separate filing for an estate that consists entirely of personal property worth up to $25,000, plus a motor vehicle the person owned. The petitioner files a statement, verified by oath or affirmation, with the court. This page does not cover what applies to larger estates.[1]
What is considered a small estate in Massachusetts?
In Massachusetts a small estate is a probate estate that consists entirely of personal property. The total value may include a motor vehicle the decedent owned, and other personal property not exceeding $25,000 in value.[1]
What is the amount for a small estate affidavit?
The amount is $25,000 in personal property other than a motor vehicle the decedent owned. A small estate affidavit can be filed after 30 days from the death.[1]
What is the small estate limit in Massachusetts?
The limit is $25,000. The small estate procedure in Mass. Gen. Laws ch. 190B, § 3-1201 is subject to that limit.[1]
Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.
