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Title Tag: Massachusetts Small Estate & Voluntary Administration (2026): $25,000 Threshold - ProbatePedia

Meta Description: Massachusetts MUPC allows a Voluntary Administrator to collect and distribute a small estate ($25,000 personal property) without full probate — using a Voluntary Administration Statement filed with the Probate and Family Court. No waiting period. Real property is excluded. MA estate tax may still apply.

Massachusetts Small Estate & Voluntary Administration (2026)

Last Updated: March 2026 • M.G.L. c. 190B §3-1201• MA Series — Article 3 of 8

Quick answer

Massachusetts MUPC (M.G.L. c. 190B §3-1201 through §3-1204) provides a simplified Voluntary Administration procedure for small estates — personal property with a gross value of $25,000 or less (after funeral expenses). A person entitled to the estate files a Voluntary Administration Statement with the Probate and Family Court 30 days after the decedent's death (no waiting period for wages or employment benefits). The Voluntary Administrator can then collect assets, pay debts, and distribute — without being appointed Personal Representative or going through formal probate. Key limitations: only personal property (not real estate); the $25,000 threshold is the gross value; and the MA estate tax may still apply if the total estate (including non-probate assets) exceeds $2,000,000.

| MA Voluntary Administration — Key Facts | | | --- | --- | | Governing statute | M.G.L. c. 190B §3-1201 through §3-1204 (MUPC Voluntary Administration) | | Threshold | $25,000 gross value of personal property after deducting funeral and burial expenses | | Real property included? | No — real property cannot be transferred via Voluntary Administration; requires full probate, TOD deed, or trust | | Wait period | 30 days after date of death (§3-1201); no waiting period for wages, salary, or employment benefits (§3-1201(b)) | | Filed with | Probate and Family Court in the county of the decedent's domicile; a Voluntary Administration Statement is filed | | Who may file | Surviving spouse; child; parent; sibling; any person entitled to a share of the estate | | Personal liability | Voluntary Administrator is personally liable for improperly paid claims; must pay valid debts before distributing to heirs | | MA estate tax | Still applies if the decedent's total taxable estate (including non-probate assets) exceeded $2,000,000 |

The Voluntary Administration Statement — What It Says

| ContentDetails** | | --- | --- | | Decedent's identity | Full legal name, date of death, county of domicile | | Filer's identity and relationship | Name; relationship to decedent; why filer is entitled to act (surviving spouse, child, etc.) | | Statement of estate value | Certification that the gross personal property value does not exceed $25,000 after funeral/burial expenses | | Statement of death | Affirmation that at least 30 days have passed since death (or that the claim is for wages/employment benefits) | | No court pending | Certification that no petition for appointment of Personal Representative is pending or has been granted | | Filing fee | Nominal court filing fee (⚠ editor verify current MA Probate Court fee schedule) |

Using the Voluntary Administration Statement With Institutions

Once filed, the Voluntary Administrator presents the filed and stamped Voluntary Administration Statement to banks, credit unions, and other institutions holding the decedent's personal property. Institutions are protected from liability for good-faith transfers to a Voluntary Administrator who presents a proper filing. The Voluntary Administrator then pays valid debts and distributes the remaining assets per the will or intestacy.

$25,000 Is Gross Value — Not Net:

The $25,000 threshold is measured by the gross value of personal property — before deducting debts (other than funeral and burial expenses). A decedent with $24,000 in a bank account and $15,000 in credit card debt has a gross personal property value of $24,000 — within the threshold. But a decedent with a $26,000 bank account and $15,000 in debt has a gross personal property value of $26,000 — over the threshold, even though the net is $11,000. If the gross value exceeds $25,000, full MUPC probate or an alternative transfer method (trust, beneficiary designation) is required.

MA vs. Neighboring States — Small Estate Comparison

| ContentThresholdContentReal Property?ContentFiled WithContentWait Period** | | --- | --- | --- | --- | --- | | Massachusetts | $25,000 personal property gross | No | Probate and Family Court | 30 days (wages: none) | | Rhode Island | ⚠ editor verify RI threshold | ⚠ verify | ⚠ verify | ⚠ verify | | Connecticut | ⚠ editor verify CT threshold | ⚠ verify | ⚠ verify | ⚠ verify | | New Hampshire | ⚠ editor verify NH threshold | ⚠ verify | ⚠ verify | ⚠ verify | | New York | $50,000 personal property | No | Surrogate's Court | 30 days | | New Jersey | $50,000 (spouse/DP) / $20,000 (others) | No | Presented directly to asset holder | No minimum | | Pennsylvania | $50,000 gross estate | No | Register of Wills | None |

Massachusetts' $25,000 threshold is the lowest among this series' state guides. Compared to New Jersey's $50,000 and New York's $50,000, the MA small estate procedure covers a significantly narrower range of estates. For estates between $25,000 and $2,000,000, the MA alternatives are: (1) informal MUPC probate (faster than pre-2012, but still 6–12 months); (2) revocable living trust (avoids probate entirely); (3) TOD deed for real property (for the home only); or (4) beneficiary designations on all financial accounts.

✅ Verified Legal Data — March 2026

• M.G.L. c. 190B §3-1201 — MA Voluntary Administration; $25,000 threshold — confirmed

• §3-1201(b) — no 30-day wait for wages, salary, and employment benefit claims — confirmed

• Real property excluded from MA Voluntary Administration — confirmed

• MA Voluntary Administration Statement filed with Probate and Family Court — confirmed

• MA estate tax may apply even if estate qualifies for Voluntary Administration — confirmed

• Filing fee: ⚠ editor verify current MA Probate and Family Court fee schedule

Massachusetts Series Navigation:

MA-1 → How to Avoid Probate in Massachusetts

MA-2 → Massachusetts Probate Process (MUPC) — Probate and Family Court

MA-3 → Massachusetts Small Estate & Voluntary Administration

MA-4 → Massachusetts Revocable Living Trust

MA-5 → Massachusetts Estate Tax: $2M Cliff Effect, Rates & Planning

MA-6 → Massachusetts MassHealth Medicaid & Estate Planning

MA-7 → Massachusetts Probate Fees & Executor Compensation

MA-8 → Massachusetts Living Trust vs. Will

probatepedia.com · /massachusetts/probate-process/small-estate/ · MA-3 of 8 · v1.0 March 2026


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