Massachusetts Small Estate Affidavit Document
Article Structure
In Massachusetts, the Small Estate Affidavit provides a streamlined process for settling the estates of individuals who have passed away with limited assets. This form is especially beneficial for families and loved ones, as it simplifies the transfer of property without the need for lengthy probate proceedings. Typically, the Small Estate Affidavit can be utilized when the total value of the deceased's estate is below a certain threshold, which is adjusted periodically. The affidavit allows heirs to claim assets such as bank accounts, personal property, and other financial instruments directly, expediting the distribution of the estate. Furthermore, it requires specific information, including details about the deceased, the affiant, and the assets involved. By using this form, individuals can avoid the complexities often associated with larger estates, ensuring that the wishes of the deceased are honored while minimizing the burden on surviving family members during a challenging time.
Massachusetts Small Estate Affidavit Example
Massachusetts Small Estate Affidavit
This document is prepared in accordance with the Massachusetts Uniform Probate Code, Section 3-1201, facilitating the efficient transfer of assets from a deceased person's estate without formal probate proceedings, under specific circumstances. This form should be used when the value of the personal property does not exceed the threshold set forth by Massachusetts law.
To properly use this form, please provide the following information:
- Full name of the deceased (Decedent)
- Date of death
- Last address
- An affidavit asserting the estate qualifies under Massachusetts law, including a detailed description and the value of the personal property
- Names and addresses of the heirs or legatees entitled to the property
- The relationship of the affiant to the decedent
- A statement that all debts, including funeral and burial expenses, have been paid or will be paid
Affiant Information
Name: _______________________
Relationship to Decedent: _______________________
Address: _______________________
Phone Number: _______________________
Email: _______________________
Decedent Information
Name: _______________________
Date of Death: _______________________
Last Address: _______________________
County of Estate: _______________________
Description and Value of Personal Property
1. _______________________
2. _______________________
.. Add additional lines as necessary
Certification and Signatures
I/We, the undersigned, declare under penalty of perjury that the information provided in this document is true and correct to the best of my/our knowledge and belief. I/We further assert that I/we have the legal right to claim the property of the decedent and acknowledge that this document does not allow the transfer of real estate property.
Signature of Affiant: _______________________
Date: _______________________
Signature of Witness (if required): _______________________
Date: _______________________
Note: This form might need to be notarized, depending on the specific requirements of the institution or entity where it is to be presented. It is recommended to consult with a legal professional or the local probate court for guidance relevant to your unique situation.
File Overview
| Fact Name | Description |
|---|---|
| Purpose | The Massachusetts Small Estate Affidavit form allows heirs to claim assets of a deceased person without going through a full probate process, simplifying the transfer of property. |
| Eligibility | This form can be used when the total value of the deceased's estate is $25,000 or less, excluding real estate. |
| Governing Law | The use of the Small Estate Affidavit is governed by Massachusetts General Laws, Chapter 190B, Section 3-1201. |
| Required Information | To complete the affidavit, you must provide details such as the decedent's name, date of death, and a list of assets. |
| Submission | The completed affidavit must be filed with the appropriate court, along with any required supporting documents, to officially claim the assets. |
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