Massachusetts Voluntary Administration: How-To

Months faster and a fraction of the cost — as long as the estate genuinely has no real estate in it at all.

M.G.L. c. 190B §3-1201

Quick answer: once 30 days have passed and personal property (excluding one vehicle) is at or under $25,000, file a statement with the Register of Probate and pay the $115 fee. Check whether an estate qualifies with the Massachusetts voluntary administration checker.

Step by step

  1. Wait 30 days from the date of death.
  2. Confirm there's no real estate in the decedent's name, at any value.
  3. Total the qualifying personal property, excluding one motor vehicle.
  4. Confirm the total is $25,000 or less.
  5. Gather the original will (if any), the certified death certificate, and asset and debt information.
  6. File the voluntary administration statement with the Register of Probate at the Probate and Family Court in the decedent's county.

Debts come before distribution

Worth knowing: the voluntary representative must still pay the decedent's debts from estate funds before distributing to heirs — the simplified filing speeds up the paperwork, not the underlying obligation to settle valid debts first.

The court can still require full probate

If disputes arise among heirs, or the estate turns out to be larger than $25,000 once everything is accounted for, the court may require informal or formal probate instead of letting voluntary administration proceed.

Meaningfully faster and cheaper

Voluntary administration typically takes 1 to 3 months to complete, compared to 6 to 12 months or more for informal or formal probate — and the $115 filing fee is a fraction of the $390 total for a standard informal probate petition.

Facing probate in Massachusetts?

A local probate attorney can review your estate — many offer a free consultation.

Talk to a Massachusetts attorney

Suffolk, Middlesex, and Norfolk County each process this filing through their own Register of Probate, but the $25,000 threshold and 30-day wait apply identically statewide.

How-to — frequently asked questions

Where is the voluntary administration statement filed?

With the Register of Probate at the Probate and Family Court in the county where the decedent lived — the same office that handles informal and formal probate filings.

What must the voluntary representative do with estate debts?

Pay the decedent's known debts from estate funds before distributing anything to heirs — the simplified process speeds up the paperwork, not the underlying duty to settle obligations first.

What happens if the estate turns out to be larger than expected?

If disputes arise or the estate turns out to be larger than $25,000, the court may require informal or formal probate instead of allowing voluntary administration to proceed.

How much faster is voluntary administration than standard probate?

Typically 1 to 3 months to complete, compared to 6 to 12 months or more for informal or formal probate.

This page provides general guidance only and is not legal advice. Based on M.G.L. c. 190B §3-1201. Confirm current requirements with the Probate and Family Court or a licensed Massachusetts attorney before acting.