What the rule says
Massachusetts provides a streamlined procedure for small estates under Mass. Gen. Laws ch. 190B § 3-1201. Voluntary administration is available when:
- The decedent's personal estate, excluding one motor vehicle, does not exceed $25,000 - 30 days have passed since the decedent's death - No application for formal administration has been filed - The petitioner has priority for appointment as voluntary personal representative
The voluntary personal representative files a sworn statement with the probate court describing the estate and identifying entitled successors. The procedure substantially reduces administrative cost and time.
What this means in practice
Key points:
- The threshold is $25,000 plus one motor vehicle. The motor vehicle exclusion provides additional flexibility — a household vehicle can be transferred without counting toward the threshold. - 30-day waiting period applies. - No real property. Real property is not handled through voluntary administration. - Limited but useful. The threshold is modest; many estates exceed it.
For estates above $25,000 or involving real property, formal probate procedures apply (informal probate, formal probate, or supervised administration).
How this fits with MA probate framework
Massachusetts under the MUPC offers:
- Voluntary administration: Up to $25,000. - Informal probate: Standard streamlined probate, suitable for most estates. - Formal probate: Court-supervised probate when warranted. - Late and limited probate: Special procedures for specific circumstances.
For most MA estates, informal probate is the standard procedure rather than voluntary administration.
What you can do about it
For MA survivors:
1. Calculate the personal estate value. 2. Wait 30 days from death. 3. File the voluntary administration sworn statement with the probate court. 4. Distribute property.
For MA estate planners:
- Use beneficiary designations to keep property outside probate. - Use joint tenancy and tenancy by the entirety (for spouses, real property). - Consider revocable trusts for substantial estates.
Who this affects most
MA voluntary administration is most relevant for survivors of MA decedents with very modest probate estates. Combined with non-probate transfers, it allows minimal-cost administration for qualifying estates.