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Informal probate is an administrative proceeding, which means that it is processed by a Massachusetts Uniform Probate Code (MUPC) Magistrate instead of a judge. The court doesn't allow hearings for this process. Informal probate can be a faster process if you meet all the requirements.

Massachusetts Summary: Under Massachusetts statute, where as estate is valued at less than $25,000, an interested party may, thirty (30) days after the death of the decedent, file a small estate sworn statement.

Typically, you have to probate the decedent's estate if you need to: Find out if the decedent's will is valid. Change the title (ownership) of real estate or personal property, such as bank accounts, stocks, or bonds, that is only in the decedent's name without any right of survivorship.

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.

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.

How to Avoid Probate in Massachusetts Forming a Trust. A trust allows a third party – the trustee – to hold assets on behalf of beneficiaries. Joint Tenancy. Making Property Automatically Transfer on Death. Using Pay on Death (POD) Bank Accounts. Setting Up a Life Estate for Real Estate.

Whether an estate has to be probated depends on how the decedent's (the person who has died) property is titled (owned) when they die. Some property may not be part of the probate estate because it passes directly to another person by law.

How do I get a Small Estate Affidavit? Check Eligibility: Verify if the estate qualifies for a Small Estate Affidavit. Obtain the Form: Contact the probate court in the county where the deceased person lived. Complete the Affidavit: Fill out the Small Estate Affidavit form with accurate and complete information.

Voluntary Administration Requirements The deceased person must have been a Massachusetts resident at the time of death. The estate can't contain any real estate. The assets left by the deceased must be valued at $25,000 or less (one vehicle can be excluded from this).