Massachusetts Voluntary Administration Checker

$25,000, one vehicle excluded, no real estate ever

Confirmed strict: under M.G.L. c. 190B §3-1201, voluntary administration applies only when the estate consists entirely of personal property — a car, plus other personal property not exceeding $25,000. A house is real estate, so it falls outside this shortcut at any value, with no exception.

Genuinely the strictest version of this rule

Unlike some states where a small estate procedure can reach modest real property under a separate, smaller cap, Massachusetts draws a hard line: an estate that owns Massachusetts real estate generally needs a personal representative appointed through informal or formal probate, regardless of the house's value or the size of everything else in the estate.

A 30-day wait, then a much cheaper filing

The process can't begin until at least 30 days after the date of death. Once eligible, the filing fee is just $115, compared to $375 plus a $15 surcharge — $390 total — for a standard informal probate petition.

A will doesn't block it

Voluntary administration is available whether or not the decedent left a will, as long as the personal property stays within the $25,000 threshold and no real estate is involved.

Debts still come first

The voluntary representative must still pay the decedent's debts from estate funds before distributing anything to heirs — the simplified process doesn't waive that underlying obligation.

Massachusetts voluntary administration — frequently asked questions

What is Massachusetts's voluntary administration limit?

$25,000 or less in personal property, excluding the value of one motor vehicle, under M.G.L. c. 190B §3-1201. Real estate is never included, regardless of its value.

Can a house ever qualify for voluntary administration in Massachusetts?

No, not at any value — voluntary administration applies only when the estate consists entirely of personal property. An estate that owns Massachusetts real estate generally needs a personal representative appointed through informal or formal probate instead.

How long do I have to wait to use voluntary administration?

At least 30 days after the date of death before the process can begin.

Does having a will block voluntary administration?

No — the option is available whether or not the decedent left a will, as long as the estate's personal property stays within the $25,000 threshold and there's no real estate involved.

How much cheaper is voluntary administration than a standard probate filing?

The filing fee is $115, compared to $375 plus a $15 surcharge (a total of $390) for a standard informal probate petition.

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on M.G.L. c. 190B §3-1201. Actual eligibility depends on the estate's full facts. Confirm with the Probate and Family Court or a licensed Massachusetts attorney before acting.