
P
robate in Massachusetts is a time-consuming, cumbersome and costly procedure. Massachusetts has devised a simplified procedure for small estates called Voluntary Administration.For estates with probate assets of personal property of less than $15,000 plus an automobile or other vehicle, this probate procedure can be carried out by filing a simple form together with a death certificate and a $50.00 filing fee with the Register of Probate in the county that the deceased lived. A copy of the Probate Form and the death certificate must be sent to the Department of Public Welfare.
Once these papers have been filed and assuming that the Department of Transitional Assistance is not trying to recover Medicaid benefits, the administrator can collect the assets, pay any debts of the decedent including administration expenses such as taxes and then distribute the remaining property to the heirs or according to the deceased's will, if there was one.
Note that this procedure applies only to the deceased probate property only if it is less than $ 15,000, plus an automobile and does not include real estate either in Massachusetts or another jurisdiction. Probate property is that property which stood in the deceased name alone at the time of death. It does not include jointly held assets with right of survivorship, trust assets or other property which passes as a result of a contract such as life insurance, annuities or retirement benefits.
Of course, no one should rely on these procedure alone unless your entire estate will never exceed $ 15,000 plus an automobile.
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