Probate Alternatives: How Small Estates Can Bypass the Court Process in Massachusetts

ByKen Collinson
Learn how small estates in Massachusetts can bypass probate using a small estate affidavit and other strategies to avoid probate court. Practical guidance from Collinson Law.

When a loved one passes away, the last thing most families want is a long, expensive probate process. Fortunately, many estates in Massachusetts are small enough to qualify for streamlined procedures that dramatically reduce court involvement—or avoid probate entirely. Understanding how these options work can save time, money, and stress during an already difficult period.

What Probate Is and Why Families Try to Avoid It

Probate is the formal court process that proves a will, appoints a Personal Representative, gathers assets, pays debts, and distributes what remains. Even simple probate cases can stretch for months and involve a significant amount of paperwork. That’s why families with modest estates often look for practical ways to bypass full probate.

The Massachusetts Small Estate Affidavit (Voluntary Administration)

Massachusetts offers a simplified process for small estates known as Voluntary Administration. Although commonly referred to as a “small estate affidavit,” the legal mechanism is the Voluntary Administration Statement (Form MPC 170).

This procedure is ideal when the estate is limited, straightforward, and includes only personal property.

Eligibility Requirements

A decedent’s estate may qualify for Voluntary Administration if:

  • The decedent was a Massachusetts resident

  • At least 30 days have passed since the date of death

  • The probate estate consists only of personal property (no real estate)

  • The total probate estate is valued at $25,000 or less, excluding one motor vehicle

  • No Personal Representative has been appointed through any other probate process

Assets that already have a named beneficiary or pass by survivorship generally do not count toward the $25,000 limit.

What a Voluntary Personal Representative Can Do

Once the court accepts the Voluntary Administration filing, the appointed individual (the Voluntary Personal Representative) may:

  • Collect small bank accounts, refund checks, and other personal property

  • Pay funeral expenses and legitimate debts

  • Distribute remaining funds to heirs or beneficiaries

This is a limited role designed for small, simple estates. It cannot be used to manage real estate, pursue lawsuits, or handle complex property transfers.

The Step-by-Step Process

Completing a Voluntary Administration usually follows these steps:

  1. Confirm that the estate qualifies under the eligibility rules

  2. Gather necessary documents, including the death certificate and any will

  3. Complete the Voluntary Administration Statement (MPC 170)

  4. File with the appropriate Massachusetts Probate and Family Court

  5. Use the court-issued paperwork to collect and distribute estate assets

For many families, everything can be completed with one filing and a short waiting period.

Other Ways to Avoid Probate Court in Massachusetts

Small estate procedures help after someone has already passed away. But there are also several ways to arrange assets during life to ensure a smoother transfer and reduce or eliminate the need for probate.

Joint Ownership with Right of Survivorship

When an asset is jointly owned, it can pass automatically to the surviving owner. This applies to joint bank accounts, investment accounts, and real estate purchased as joint tenants or tenants by the entirety. This method is straightforward but should be used carefully, as adding someone to the title can have legal and financial consequences.

Beneficiary Designations and POD/TOD Accounts

Many financial accounts allow assets to pass directly to named beneficiaries, including:

  • Retirement accounts (IRA, 401(k), 403(b))

  • Life insurance

  • Certain bank and brokerage accounts using Payable-on-Death (POD) or Transfer-on-Death (TOD) designations

Because these assets bypass probate, they are often the simplest way to minimize court involvement.

Revocable Living Trusts

A revocable living trust is one of the most reliable tools for avoiding probate. When assets are retitled into the trust during life, the successor trustee can manage and distribute everything according to the trust terms, without court supervision. This is especially helpful for:

  • Real estate

  • Complex family situations

  • Multiple beneficiaries

  • Families who want privacy and continuity

Life Estate Deeds

For homeowners who wish to avoid probate on their property, a life estate deed can allow the home to pass directly to designated beneficiaries at death. The owner keeps the right to live in the home for life, but the property will not enter probate when they pass away.

Real-World Scenarios Where Probate Can Be Avoided

A Modest Bank Account and a Car

A decedent leaves a checking account with $8,000 and a vehicle worth $12,000. With no real estate and a total value under $25,000, the family can use Voluntary Administration to close the estate quickly.

Mostly Non-Probate Assets

A decedent leaves an IRA with a designated beneficiary, a life insurance policy, and a joint checking account with a spouse. If the only probate asset is a small individual savings account, the estate may avoid probate entirely or qualify for the small estate process.

A Home in One Name Only

A decedent owns a house titled solely in their name plus a few small accounts. Even if the accounts qualify as a small estate, the presence of individually owned real estate typically requires a formal probate to transfer title. Proper planning during life would have avoided this.

When Probate Cannot Be Avoided

Probate is usually necessary if:

  • The estate contains individually owned real estate

  • The probate assets exceed the $25,000 small estate threshold

  • There are family disputes, unclear wills, or creditor issues

In these cases, the goal becomes streamlining and managing the probate process efficiently rather than avoiding it altogether.

How Collinson Law Helps Families Navigate or Avoid Probate

Collinson Law works with Massachusetts families to:

  • Review estates after a death and determine whether Voluntary Administration is available

  • Prepare and file the appropriate probate or small estate documents

  • Coordinate the transfer of assets and guide families through the process

  • Plan ahead using trusts, beneficiary designations, and joint ownership strategies to reduce or eliminate probate for future generations

Whether you need immediate help settling a small estate or want to plan ahead to avoid probate court in Massachusetts, Collinson Law provides clear, practical guidance tailored to your situation.

If you’d like assistance or have questions about a small estate, schedule a consultation to review your options and create a pathway that protects your family and simplifies the process.

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  • Frequently Asked Questions About Estate Planning

    ByKen Collinson

    Estate planning is a crucial aspect of managing your assets and ensuring your wishes are carried out after your death or upon your becoming incapacitated. Here are some frequently asked questions about estate planning:
    What is estate planning?
    Estate planning is the process of arranging for the transfer of your assets in the event of your death or incapacitation. An effective estate plan is designed in two parts. The first part is to deal with the implications of a sudden occurrence which leaves you unable to make decisions for yourself, and the second half is to ensure that upon your death, your assets are distributed in accordance with your wishes. There is much more to estate planning than this, but these are the basics.
    Why is estate planning important?
    Imagine if you could provide for your family’s financial security, have decisions in place regarding your healthcare and guardianship forms in place in the event something unforeseen occurs and you need your children cared for. This is why an estate plan is important. These documents can save a lot of grief, time, and money for your loved ones in the event you should become disabled or lose your life unexpectedly.
    When should I start estate planning?
    Any person who has assets, a family member who has a disability, or has significant wealth should have an estate plan in place. You are never too young to have an estate plan if you have assets which do not have designated beneficiaries.
    What documents are typically included in an estate plan?
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    What is a will, and why do I need one?
    A will is a legal document that outlines how you want your assets distributed after your death. It allows you to name an executor to carry out your wishes and specify guardianship for minor children if needed. If you die without a will (known as intestate) then the Commonwealth of Massachusetts will ultimately use their guidelines for distribution of your assets.
    What are trusts?
    A trust is a legal arrangement where a trustee manages assets. During your lifetime, you would be the trustee and the successor trustee would be able to take control of your assets immediately upon your death or incapacitation.. Trusts can be used to avoid probate, manage assets for minor children, and provide for special needs individuals. One of the most significant advantages of trusts is privacy. Unlike a will, trusts are not required to go through the probate process meaning there is no public record of your estate.
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    What happens if I die without an estate plan?
    If you die without an estate plan, your assets will be distributed according to the laws of the Commonwealth of Massachusetts. This distribution may not align with your wishes. The probate process could also be more time-consuming and costly.
    Can I make changes to my estate plan?
    Yes. It is important to remember that it is essential to review and update your estate plan regularly. Any significant life events such as marriage, divorce, the birth of children, or changes in financial circumstances would warrant making changes.
    Do I need a lawyer for estate planning?
    While it’s possible to create some basic estate planning documents on your own, consulting with an estate planning attorney is advisable. There are several reasons for working with an attorney including their knowledge of the laws of the Commonwealth and their understanding of the importance of a customized plan that works for you and helps meet your needs and goals.
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