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 small estate affidavit. However, the real estate may not exceed $25,000 in value, including liens and encumbrances. Massachusetts statutes Mass. Gen. Laws Ann. §§ 3-1203, 1204 cover the details of small estate affidavits.
How to Write
Step 1 – Download in Adobe PDF or Microsoft Word (.doc).
Step 2 – Enter the following into the form:
- Header – Enter Superior Court (See List)
- Name of Decedent
- Date of Birth
- Case Number
- Check the three (3) boxes depending on your situation
- Date and Sign
- Verification – On the last page you will be required to verify that everything you have stated is true and accurate
Step 3 – Obtain a notarized copy of the death certificate, and file the form with the proper clerk or courthouse.
