Massachusetts Affidavit of Death and Heirship (Information to Include in Affadavit)
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FAQ
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.
The estate must meet these requirements to qualify for voluntary administration: 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).
When the probate court appoints a personal representative, it issues a document called ?Letters of Authority.? This document is proof of the personal representative's legal authority to collect and manage estate property. The personal representative is entitled to collect a fee for the work performed for the estate.
A Massachusetts small estate affidavit is a legal document used to present a claim on the estate or part of the estate of a deceased loved one. The petitioner, or affiant, must provide detailed information about the estate, the property in question, the decedent, and any other potential heirs.
An Affidavit of Objections, as set out in M. G. L. c. 1908, section 1-401 (e), is one of two ways to quickly screen out a frivolous will challenge before trial, the other way being a Motion for Summary Judgment.
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.
Degrees of kinship are used to identify heirs at law in the ?next of kin? category ONLY if there are no members in the first four groups of heirs: (1) surviving spouse, (2) children and their descendants, (3) parents, and (4) brothers/sisters and their descendants.
Heirs at law are persons entitled to receive the Decedent's property under the intestacy succession laws if there is no will.