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M.G.L. c. 190B, § 3-1201 · checked 2026-10-20
Massachusetts small estate affidavit limit
In Massachusetts the voluntary administration (small estate) is available when the personal property other than one motor vehicle is $25,000 or less, and it can be used 30 days after the death. It works through an affidavit or sworn statement filed with the court or its clerk.
- 1Dollar limit $25,000
- 2Waiting period 30 days
- 3Filed with Court
- 4Statute M.G.L. c. 190B, § 3-1201
What M.G.L. c. 190B, § 3-1201 says
The operative words of the statute, as read on 2026-10-20:
“other personal property not exceeding $25,000 in value”
That test is applied to the personal property other than one motor vehicle. The estate must consist entirely of personal property; one motor vehicle may be included on top of the $25,000. The sworn statement is filed with the Probate and Family Court in the county where the decedent lived.
Source: M.G.L. c. 190B, § 3-1201. Last checked 2026-10-20.
Worked examples against the $25,000 limit
| Estate value | Result under M.G.L. c. 190B, § 3-1201 |
|---|---|
| $15,000 | Within the limit |
| $25,000 | Within the limit |
| $26,000 | Over the limit by $1,000: the small-estate route is closed |
Values are the estate as the statute measures it — personal property other than one motor vehicle — not everything the person owned. Massachusetts's figure is $37,500 below the $62,500 median of the 48 jurisdictions with a dollar limit on this site, ranking 45th from the top, level with Nevada.
When the route opens
The statute requires 30 days to pass after the death. For a death on January 15, 2026, the earliest date is February 14, 2026. 7 of the 31 jurisdictions with a written wait make people wait longer and 3 wait less; the median is 30 days.
If the estate goes through full probate instead, creditors have 12 months counted from the decedent's death (M.G.L. c. 190B, § 3-803(a)). The Massachusetts probate timeline works those dates through.
Filing and fees
The sworn statement goes to the court or its clerk, which keeps it on file. The Probate and Family Court fee table (mass.gov) schedule charges $115 for the voluntary administration statement. Opening full administration for an estate of $26,000 would cost $390 under Probate and Family Court fee table (mass.gov) — see probate court fees in Massachusetts.
The free route is the probate court itself: the clerk or register in the county where the person lived can say which form the court uses for the voluntary administration (small estate) and what it charges. This site does not supply forms or refer anyone to a lawyer.
Nearby New England jurisdictions
Connecticut: $40,000; Maine: $40,000 base after 30 days; New Hampshire: no dollar cap; Rhode Island: $15,000 after 30 days; Vermont: $45,000.
Related: small estate limits compared · assets that skip probate · all 51 jurisdictions.
General information from the statute as written on 2026-10-20; not legal advice. Statutes change, courts add local rules, and the facts of an estate decide which route applies. Confirm with the Massachusetts probate court or its self-help center before filing.