Massachusetts Small Estate Affidavit
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Description small estate affidavit
Section 3-1201 of the Uniform Probate Code of Massachusetts provides that if an inhabitant of the state dies leaving an estate consisting entirely of personal property the total value of which does not exceed $25,000 in value, any interested person may, after the expiration of 30 days from the death of the decedent and provided no petition for appointment of a personal representative has been filed with the court of the county in which the decedent resided, file with said court upon a form prescribed by the court a statement, verified by oath, or affirmation containing: (a) the name and residential address of the petitioner, (b) the name, residence and date of death of the deceased, (c) the relationship of the petitioner to the deceased, (d) a schedule showing every asset of the estate known to the petitioner and the estimated value of each such asset, (e) a statement that the petitioner has undertaken to act as voluntary personal representative of the estate of the deceased and will administer the same according to law, and apply the proceeds thereof in conformity with this section, (f) the names and addresses of surviving joint owners of property with the deceased, known to the petitioner, (g) the names and addresses known to the petitioner of the persons who would take under the intestacy laws of Massachusetts in the case of intestacy, and (h) the names and addresses known to the petitioner of the persons who would take under the provisions of the will, if any. The original of any will shall be filed with the above statement.
Upon presentation of such statement and the payment of any statutory fees, accompanied by a certificate of the death of the deceased, the register of probate shall, if no other probate proceeding for administration of such estate is pending in said court, issue an attested copy of a statement duly filed under this section.
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