Have you ever felt at a loss for what to do after a loved one’s passing? It’s understandable to feel overwhelmed when sorting out finances and legal obligations.
We at Jordan & White, LLC have served families in Massachusetts for 13 years, assisting with estate planning, real estate matters, and probate concerns. Our goal here is to explain how voluntary administration can ease the burden on relatives who need a simplified approach for smaller estates.
Voluntary Administration in Massachusetts
Voluntary administration is a streamlined alternative to formal probate when someone with modest assets passes away. This process is designed to help loved ones distribute personal property without weeks of complicated court proceedings. It lets an “interested person” step in and handle practical tasks like collecting a deceased individual’s bank funds or transferring a vehicle.
Compared to formal probate, voluntary administration speeds up distributions and reduces legal fees. It has fewer requirements, fewer hearings, and often gives families a faster sense of closure. In short, the idea is to keep things simple when the estate is small enough to qualify.
Eligibility Requirements for Voluntary Administration
Before deciding on voluntary administration, it’s important to confirm that the estate meets Massachusetts rules. There are specific criteria that define whether this pathway can be used.
Key Requirements
The first requirement is that the deceased must have lived in Massachusetts at the time of passing. Next, the total value of their personal property must not go above $25,000, excluding one vehicle. Real estate cannot be part of this process at all. Thirty days must have gone by after the date of death, and no other probate proceeding can be underway. Lastly, the person filing must be at least 18 years old and an “interested person,” such as a spouse, child, or heir.
When checking the $25,000 threshold, remember that a single car can be kept out of that total. Also, if there’s a will, it should not conflict with any other existing probate petition. Meeting these conditions is essential to avoid unnecessary complications.
Assets Excluded from the $25,000 Limit
Certain items do not count toward the $25,000 figure. Policies like life insurance or retirement accounts with beneficiaries skip probate, reducing the estate’s total for this calculation. If the deceased had jointly owned assets, those also lie outside of the personal property limit.
We often see estates that appear over $25,000 but drop below that mark when removing beneficiary-driven accounts or other jointly titled assets. This can pave the way for a smoother voluntary process.
Below is a quick table to help explain some of these requirements:
| Requirement | Details |
| Residency | The deceased must have resided in Massachusetts |
| Asset Limit | Personal property up to $25,000, excluding one vehicle |
| Waiting Period | At least 30 days since date of death |
| Prohibited Asset | No real estate can be included |
| Other Proceedings | No formal probate petition can be open or pending |
The Voluntary Administration Process: A Step-by-Step Guide
This process allows families to take charge of a small estate without going through traditional court oversight. The steps outlined below help ensure everything is done correctly.
Filing the Voluntary Administration Statement
The starting point is the Voluntary Administration Statement (MPC 170). You submit it to the local Probate and Family Court in the county where the deceased lived. You also include a certified copy of the death certificate and the original will, if there is one. In certain cases, forms like the Cause of Death Affidavit (MPC 475) or Affidavit of Domicile (MPC 485) might be needed.
This filing notifies the court that you intend to distribute assets according to the will or, if there is no will, according to intestacy laws. Always double-check that you have all necessary documents before filing so there’s no delay.
Required Fees
There is a fee to file the Voluntary Administration Statement. Right now, that includes the standard filing charge plus a small surcharge. If you’re unsure about the total payment, it’s wise to contact the Probate & Family Court in your area for payment details. Some courts take checks, while others might allow credit or debit options.
Responsibilities of the Voluntary Personal Representative
Under voluntary administration, the person who files becomes the voluntary personal representative. This person is responsible for gathering the estate’s assets and settling any debts within the $25,000 limit. The job includes ensuring that creditors receive what they’re owed and that the remaining property is distributed fairly, either as directed by the will or by intestacy rules.
It’s vital to handle these tasks carefully. Courts treat any errors or oversights seriously, exposing a representative to potential personal liability. MassHealth also needs to be informed of the proceeding. While MassHealth may not pursue collection from very small estates, sending notice is still essential.
Common Scenarios Where Voluntary Administration Can Be Used
Not every estate can proceed this way, but certain recurring examples pop up. These often involve modest property with no real estate and only a few debts.
Examples
- Collecting funds from a bank account or small investment account when the total is under $25,000
- Transferring a single car from the deceased’s name
- Cashing a check payable to the deceased for under $25,000, such as an insurance payment
- Taking the next step in a MassHealth application if it’s still active
- Accessing unclaimed property for sums below $25,000
These scenarios arise fairly often, giving loved ones a quicker route for tying up final affairs. When real estate isn’t in question, it’s simpler to move through voluntary administration.
Potential Issues and Considerations
Though this option is built for simplicity, some potential complications may occur. Families should understand these before deciding how to proceed. A bit of preparation helps avoid missteps.
MassHealth Estate Recovery
When someone receives MassHealth benefits, you need to let them know that a probate or administration proceeding is in progress. MassHealth holds the right to recover costs for certain benefits from the deceased’s estate. Lately, they have not pursued reimbursement from estates under $25,000. Still, filing notices with MassHealth remains mandatory, and you should be prepared if they have any questions.
Timeshares
Ownership transfer for timeshares can be tricky. Some timeshare companies allow voluntary administration paperwork, while others insist on formal probate. We suggest asking the timeshare’s customer service department or legal team how they prefer to handle such transfers.
Need Assistance with Voluntary Administration? Contact Jordan & White, LLC
We understand how confusing probate matters can be, and we’re dedicated to guiding you through each step in Massachusetts. Our team at Jordan & White, LLC is happy to discuss your situation and suggest the next practical action for your circumstances.
If you have questions about filing a Voluntary Administration Statement or you’re unsure if the estate meets the requirements, feel free to call us at 978-744-2811 or visit our Contact Us page. We focus on making the path clear so that families can feel more confident. Let us know how we can support you, and we will do our best to help achieve a smooth outcome.