Dealing with the legal aspects of a loved one’s estate can feel like an overwhelming responsibility.
However, Massachusetts provides an option for certain small estates called voluntary administration. This simplified probate process can help families settle their loved one’s affairs with fewer complications.
At Casey Lundregan Burns, P.C., our firm has been helping families understand and manage probate in Massachusetts for generations. With a focus on personalized solutions, we aim to ease the process during a difficult time.
What is Voluntary Administration?
Voluntary administration is a simplified legal process that allows for the distribution of a deceased person’s assets without the formalities and time commitment of traditional probate. It is specifically designed for smaller estates that meet certain criteria.
This option is often available when:
- There is a valid will or, if there is no will, no disputes exist about asset distribution.
- The estate meets the financial thresholds set by Massachusetts law.
By avoiding the complexities of the traditional probate process, voluntary administration can offer a more streamlined path for settling an estate.
Key Benefits of Voluntary Administration
Voluntary administration provides several practical advantages:
- Speed and Efficiency
This process typically moves much faster than formal probate, allowing families to access their inheritance sooner. - Cost-Effectiveness
With fewer court requirements and less oversight, voluntary administration often results in lower legal and court fees. - Reduced Stress
Simplifying the process can lift a significant burden, helping families focus on healing rather than paperwork.
Eligibility for Voluntary Administration
To qualify for voluntary administration, the estate must meet the following conditions:
- Asset Value: The total value of the estate’s assets must not exceed $25,000. This limit excludes the value of one motor vehicle, which can be of any amount.
- Real Estate: Estates that include real property are not eligible for voluntary administration.
- Residency: The deceased must have been a resident of Massachusetts at the time of their death for the estate to qualify.
- Timeframe: The voluntary administration process cannot begin until at least 30 days have passed since the date of death.
- No Pending Probate Cases: There must be no existing or ongoing probate case involving the estate in question.
- Petitioner Requirements: The individual filing for voluntary administration must be at least 18 years old and an “interested party,” such as a surviving spouse, an heir, or a named beneficiary in the will. However, the petitioner does not need to be a Massachusetts resident.
Meeting these requirements ensures that the estate qualifies for this simplified procedure.
The Voluntary Administration Process
Voluntary administration involves a straightforward series of steps designed to simplify settling small estates. Below is a breakdown of the process to guide you through what to expect.
1. Fill Out the Forms
To begin, you need to gather and complete the necessary forms, including:
- Voluntary Administration Statement (MPC 170)
- Certified Death Certificate
- The original will, if one exists.
In certain situations, additional forms may also be required, such as:
- Cause of Death Affidavit (MPC 475)
- Affidavit of Domicile (MPC 485)
2. Gather the Fees
The total filing fee is $115, which includes $100 for the statement and a $15 surcharge. It is a good idea to contact the Probate & Family Court where you plan to file to confirm accepted payment methods.
3. File the Forms and Fees
You can submit the forms and fees in one of the following ways:
- Online: Some courts offer eFiling for added convenience.
- By Mail: Send the completed forms and payment to the appropriate Probate & Family Court.
- In Person: Visit the Probate & Family Court in the county where the deceased person resided.
Make sure to file in the correct court to avoid delays.
4. Check the Status of Your Case
Once filed, you may be able to track the progress of your case online through the court’s website. Checking the status regularly can help you stay informed about the next steps or any updates.
Voluntary Administration vs. Probate
Probate is the legal process used to manage and distribute a deceased person’s estate. It involves several steps, such as validating a will (if one exists), identifying and inventorying assets, paying any outstanding debts or taxes, and finally distributing the remaining assets to the rightful beneficiaries.
Voluntary administration, on the other hand, offers a simplified alternative for small estates that meet specific qualifications. Unlike the more formal probate process, voluntary administration is designed to be quicker and less burdensome, allowing families to settle their loved one’s affairs more efficiently.
The Role of the Voluntary Personal Representative
The individual who initiates the voluntary administration process takes on the role of the “voluntary personal representative.” This person is responsible for several important tasks, including:
- Collecting the deceased person’s assets.
- Paying any outstanding debts or expenses from the estate.
- Distributing the remaining assets to the rightful heirs or beneficiaries.
It is important to recognize that the voluntary personal representative holds significant responsibility. They can be held personally liable for any mistakes made during the estate administration process. For this reason, understanding each step thoroughly and seeking legal assistance when needed can help ensure the process is handled correctly and without unnecessary risk.
When Voluntary Administration May Not Be Suitable
In some situations, formal probate is necessary:
While voluntary administration can simplify the process of settling small estates, there are situations where formal probate may be required:
- Litigation: If disputes or legal challenges arise over the will or the distribution of the estate, formal probate is necessary to resolve these issues.
- Complex Estates: Estates with substantial assets, intricate family dynamics, or those requiring ongoing management typically fall outside the scope of voluntary administration.
- Exceeding the Value Limit: If the estate’s value surpasses $25,000 during the administration process, it will likely need to transition to formal probate to comply with Massachusetts law.
Need Help with Voluntary Administration? Contact Us
Understanding voluntary administration can feel like a daunting task, but you do not have to face it alone. If you are considering voluntary administration for a loved one’s estate or need help navigating probate matters, our firm is here to assist.
At Casey Lundregan Burns, P.C., we provide compassionate, practical support to help families settle estates efficiently and respectfully. Call us today at (978) 878-3519 to schedule a consultation and find out how we can help you through this process.
Disclaimer: The information in this post is not intended as legal advice or as a substitute for the particularized advice of counsel. For more information, please consult an attorney.