Massachusetts Small Estate Affidavit | Affidavit of Heirship

If a loved one lives or owns property in Massachusetts, and passes away without a will, the successors may file either an affidavit of heirship to collect the personal property, or a small estate affidavit to collect real estate. This allows for, as the Massachusetts statutes allow, the “voluntary informal administration of small estates.” The state defines “small” estate as either personal property or real estate as less than $25,000. The successors must wait at least 30 days before filing the affidavits.

Affidavit of Heirship: If a loved one dies in Massachusetts, then the family or other successors may file an affidavit of heirship to collect the decedent’s personal property, as long as it does not exceed $25,000. The successors must wait for 30 days after the loved one’s passing to file the affidavit.

Small Estate Affidavit: Successors can avoid probate court in Massachusetts if their deceased loved one’s property values less than $25,000 and there is no last will and testament.



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When a loved one living in Massachusetts passes away, the surviving spouse or other family members may file an affidavit to claim a motor vehicle if the decedent’s will did not specify how to transfer the property, or the decedent left no will. The state prefers surviving spouses – a…

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When 30 days have passed after the death of a loved one who resided in Massachusetts, the successors may file an affidavit of heirship to collect the decedent’s personal property. This property includes bank accounts, heirlooms, vehicles, 401(k)’s, and any other property that may have a high value. However, the…

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If successors decide that they want to avoid the time and expense of probate court, they may file a small estate affidavit to collect any real estate the decedent owned in Massachusetts. Successors must wait for 30 days, but grieving families can wait up to 2 years to file the…