Add Advanced Field Legal Massachusetts Heirship Affidavits Forms For Free

In Massachusetts, estates worth less than $25,000 may not be subject to full probate. In fact, there are two official processes by which small estates can go through an expedited form of probate: Voluntary administration and summary administration.

Other types of assets that may need to go through probate are: Any real property that is solely held in the decedent's name or held as tenants in common. Personal property such as furniture, family heirlooms, and cars (only if the decedent's name is on the car title).

First and foremost, there are a number of asset types that typically do not pass through probate. This includes life insurance policies, bank accounts, and investment or retirement accounts that require you to name a beneficiary.

Probate assets can include: Real estate and vehicles. Titled assets owned solely by the deceased person will be part of the probate process.

Massachusetts probate law requires any asset that is owned by the decedent at the time of their death to go through the probate process to change ownership. However, assets that are jointly owned with rights of survivorship, titled in a trust, or have a beneficiary designation will not need to go through probate.

An Affidavit of Heirship is a legal document used to establish the heirs of a deceased person and their respective interests in the deceased person's estate when the deceased person dies without a will (intestate) or when there are uncertainties about the heirs and their inheritance rights.

Option 1 – Sell It Right Away Because the stepped-up tax basis of an inherited property reflects the market value on the date of death, selling it quickly (before market values increase) can avoid or reduce capital gains tax.

Spouse With No Descendants or Parents: Your spouse would inherit everything. Parents, No Spouse or Children: Your assets would go entirely to your parents. Siblings, No Closer Family: In the absence of a spouse, descendants, or parents, your siblings inherit everything.

The decedent must have left an estate that consists entirely of personal property valued at $25,000 or less (excluding the value of a car). 30 days or more have passed since the decedent's death. The petitioner must be an interested person, but doesn't need to be a resident of Massachusetts.