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Massachusetts Petition For New Certificate After Death
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State:
Massachusetts
Control #:
MA-LND-LCP-2
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PDF
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FAQ
The Massachusetts small estate affidavit, known also as the 'Voluntary Administration Statement' or 'MPC 170', may be used by a petitioner in the event that a decedent passes away leaving personal property (no real property) valued at $25,000 or less not counting one motor vehicle.
Probate and Family Court Voluntary Administration Statement (MPC 170) Voluntary administration is a simplified probate procedure for an estate with minimal assets and no real estate.
If a person dies with a will, a petition to probate the will is filed with the probate court in the county where the deceased resided at the time of death, asking for letters testamentary to be issued, giving the executor authority to handle the estate affairs.
Filing An Informal Probate It is relatively easy to file for informal probate in the state of Massachusetts. A beneficiary needs to file a petition with the court to proceed with the informal probate. The court will name them as an executor, provided all other beneficiaries agree with this decision.
Subsequent Proceedings Involving Registered Land ("S-Petitions") Massachusetts is unique in that one can "register" their land, to ensure the integrity of their title to land. Once a title is "registered" it continues to be "registered", even if "mortgaged." Under G.L.
Informal probate is handled by a magistrate, not a judge. There are no hearings. It is a simple, straightforward, expedited process. In fact, informal probate can be completed in as little as seven days after a loved one's death.
A voluntary administration, also referred to as a small estate proceeding, is a court proceeding on death for personal property worth $30,000 or less, and is used whether or not the decedent had a will.The voluntary administration aims to simplify the court process if your estate is smaller in value.
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.