Massachusetts Voluntary Administration Explained

For the smallest Massachusetts estates, voluntary administration offers a genuinely simple alternative to informal or formal probate.

What is the threshold, exactly?

Voluntary administration is available when the decedent’s estate consists entirely of personal property - excluding the value of one motor vehicle - worth $25,000 or less. This is a fixed statutory amount under M.G.L. c. 190B, Section 3-1201, and unlike some other states’ thresholds, it isn’t adjusted for inflation, so it doesn’t change from year to year.

Why doesn’t the vehicle count toward the limit?

Since one motor vehicle’s value doesn’t count toward the $25,000 limit, a family could have a car worth considerably more than the threshold itself and still qualify for voluntary administration, as long as the remaining personal property stays under $25,000.

How long must you wait after death, and who can file?

At least 30 days must have passed since the date of death before a Voluntary Administration Statement can be filed with the Probate and Family Court in the county where the deceased lived. The petitioner must be an “interested person” as defined by Massachusetts law, but doesn’t need to be a Massachusetts resident themselves, even though the decedent must have been one.

What does the process itself involve?

The statement is much shorter and simpler than a formal probate petition - it lists the deceased’s assets and known debts, and the person who files is automatically appointed as the Voluntary Administrator, without needing a court hearing the way formal probate typically requires.

Does this process cover real estate?

No - voluntary administration requires that the estate consist entirely of personal property. An estate that includes real estate typically needs informal or formal probate instead, regardless of how modest the personal property is.

What should I do next?

Confirm the personal property total (excluding one vehicle) is under $25,000, and wait the required 30 days before filing. If real estate is involved, plan for informal or formal probate instead, since this process can’t reach it.

What does it cost, and are there ways to avoid court entirely?

The Massachusetts courts’ instructions give a $115 filing fee, which includes one attested copy of the Voluntary Administration Statement. The state’s published annotation to M.G.L. c. 190B, section 3-1201 also lists several court-free options in other laws: the Registry of Motor Vehicles can transfer an automobile to a surviving spouse (c. 90D, section 15A); bank accounts of $10,000 or less can be paid to a surviving spouse or next of kin (c. 167D, section 33); employers can pay sums owed a deceased employee to designated persons; and health care providers can pay up to $2,000 to a surviving spouse or next of kin. Check each institution’s current rules, since we did not read those laws.

Add this to your Final Day Plan: a rough total of your personal property, excluding your primary vehicle - it’s the figure your family needs to check against this fixed $25,000 threshold.

This is general educational information, not legal advice - consult a Massachusetts-licensed attorney for guidance specific to your situation, particularly if the estate is close to the threshold.