Massachusetts Affidavit of Heirship for Small Estates
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How to fill out Affidavit Of Heirship For Small Estates?
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FAQ
Massachusetts has a short one-year statute of limitations for asserting claims against a decedent's estate. The one-year period commences on the date of death, and before the period expires, the creditor must file a lawsuit and serve the fiduciary with process.
The decedent must have been a Massachusetts resident. 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.
Massachusetts does not have what's known as an Affidavit procedure for small estates, but they do have a summary probate procedure. An estate value must be less than $25,000 and have no real property to qualify.
?If you don't take the initiative to create an estate plan and you pass away without a will, Massachusetts estate law steps in with what's known as "intestate succession." This process will determine how your assets are distributed, typically to certain family members.
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.
A Massachusetts small estate affidavit, officially titled the ?Voluntary Administration Statement (MPC 170),? is a petition to settle the estate of a deceased person (the decedent) without a formal probate hearing.
If you die without a will, your spouse inherits 100% of the remaining assets. However, over time, circumstances can change. Your spouse may remarry and have more children, potentially leaving your original children without the legacy you intended.