2.1 Statutory References- MUPC at §§
- 3-1201
- 3-1202
2.2 Criteria to Qualify for Voluntary Administration of Small Estates
To be eligible for voluntary administration of a small estate, the following criteria must be met:
- The decedent must have been a resident of Massachusetts;
- The decedent left an estate consisting entirely of personal property valued at $25,000 or less (excluding the value of a car) regardless of date of death;
- Thirty (30) days or more have passed from the date of the decedent’s death;
- The petitioner must be an interested person as defined by § 1-201(24), but does not need to be a resident of Massachusetts. In the case of a person who, at the person’s death, was receiving services from the Department of Mental Health (DMH), the Department of Developmental Services (DDS) or the Division of Medical Assistance (DMA), the petitioner may be any person designated to act as a VPR of the estate of the person by DMH, DDS or DMA; and
- No formal or informal petition seeking probate of a will or appointment of PR has been filed.
“Legislative Change: Chapter 165 of the Acts of 2014 expanded who could petition to act as VPR of the estate to include any person designated to act as VPR by DMH, DDS or DMA, if a decedent was receiving services from DMH, DDS or DMA.”
“Practice Alert: For purposes of filing a voluntary administration, a creditor is NOT an interested person as defined in § 1-201(24). If an interested person is a minor, the minor’s parents may not file on behalf of the minor without authority from the court to do so. See MUPC at § 5-408.”
Note: The authority of a VPR is limited by law and does not result in an official appointment by the court. MUPC at § 3-1201.
2.3 Venue and Filing Requirements for Voluntary Administration
For a voluntary administration, proper venue is with the Probate and Family Court in the county where the decedent resided. For a listing of Massachusetts counties and the cities and towns within, see the Secretary of the Commonwealth of Massachusetts' website. For additional information on venue, see section 1.6 of this guide.
The following documents must be filed for a Voluntary Administration:
- Form (MPC 170) Voluntary Administration Statement (hereafter “the Statement”);
- The original will (if any);
- A certified copy of the death certificate;
- If necessary, (MPC 485) Affidavit of Domicile or (MPC 475) Cause of Death Affidavit (formerly known as “Suspicious Death Affidavit”); and
- Filing fee of $115.00.
For help in completing the Statement, see (MPC 961) Instructions.
Voluntary Administration Checklist
Decedent Dies with a Will (Testate) or Without a Will (Intestate)
| Form | Required, May Need or May Have |
|---|---|
| Voluntary Administration Statement (MPC 170) | Required |
| Certified Copy of Death Certificate | Required |
| Original Will, if any | Required |
| Affidavit - as to cause of death (MPC 475) or domicile (MPC 485) | May need |
Fee Alert: The filing fee is $115.00. The fee is broken down as follows: $100 for the filing of the Statement and a $15.00 surcharge fee to assign a docket number. The $115.00 filing fee includes one (1) attested copy of the Statement issued by the Register of Probate. Additional attested copies cost $20.00 each.
Note: A pre-MUPC (and post-MUPC) Voluntary Administration Statement may be amended for later discovered assets provided the total estate assets do not exceed the statutory limit of $25,000. Generally, a motion to amend the Statement is required (with or without an amended Statement) and may be allowed administratively by a judge. Check with the specific court before filing.
2.4 Registry Procedure
If the above filing requirements are met, the registry shall:
- Confirm that there is no formal or informal petition seeking probate of a will or appointment of PR filed in the court;
- Docket the pleadings and documents filed as part of the permanent division record; and issue an attested copy of the Statement duly filed under this section.
“Practice Alert: Despite the fact that the MUPC currently says otherwise, there can be no Certificate of Appointment issued to VPR because no official appointment is made. Therefore, only an attested copy of the Statement will be provided to the VPR. To issue an attested copy of revised MPC 170 (4/15/16), a copy of the original statement should be made and the copy dated and attested to by the Register of Probate in the usual manner. By attesting a copy of the original, updated (future) attested copies can be made.”
2.5 Authority of a VPR
Upon the presentation of a copy of an attested copy of the Statement and tender of a proper receipt in writing and the surrender of any policy, passbook, note, certificate or other evidentiary instrument, a VPR may:
- Receive payment of any debt or obligation in the nature of a debt.
- Receive delivery of any chattel (personal property) or asset scheduled in the Statement, surrender policy, note, passbook or other evidentiary instrument scheduled in the Statement.
- Discharge liability of debtor, obligor or deliverer of assets unless at time of payment or delivery, a written demand was made upon debtor, obligor or deliverer by a duly appointed PR.
“Practice Alert: The filing of a Voluntary Administration Statement does not result in an official appointment by the court. Under the law, a person designated as a VPR has limited authority. In order to obtain medical records of the decedent, a person interested in the estate may need to be appointed as a PR by the court. For more information on how to be appointed a PR, see Chapters 3 and 4 of this guide.”
Note: The Registry of Motor Vehicles still allows for the transfer of motor vehicle to a surviving spouse pursuant to G. L. c. 90D, § 15A without any court proceeding. For a copy of the RMV form and instructions, visit Mass.gov.
2.5.1 Statutory Powers and Duties of a VPR
A VPR is NOT generally considered a PR under § 1-201(37) and therefore has only the powers authorized by § 3-1201. A VPR has the following powers and obligations:
- For purposes of G. L. c. 175, § 113, paragraph (6) and G. L. c. 90, § 2, a VPR shall be deemed the PR of the estate unless and until a PR is appointed.
- A VPR shall, as far as possible out of the assets which come into his/her hands, first pay the necessary expenses of the decedent’s funeral, last sickness, and estate administration. A VPR may not charge a fee for his/her services. A VPR shall then pay debts of the deceased in the order specified in § 3-805 and any other debts of the estate and then distribute the balance, if any, in accordance with the law. See MUPC at Part 1 of Article II.
- A VPR shall be liable as a PR for his own wrongs in administration of estate.
- A VPR may sell any chattel (personal property) received and negotiate or assign any chose in action (lawsuit or claim) to convert same to cash in reasonable amount. But see, Marco v. Green, 415 Mass. 732 (1993) (wrongful death action).
MUPC at §§ 3-1201, 3-1202.
Note: A VPR is not an appointed fiduciary and therefore he/she is not required to close the
2.5.2 Effect of Voluntary Administration Statement on Third Parties
The person paying, delivering, transferring or issuing personal property or the evidence thereof pursuant to § 3-1201 to the VPR is discharged and released to the same extent as if he dealt with a PR of the decedent. Such person is not required to see to the application of the personal property or evidence thereof or to inquire into the truth of the Statement.
If any person to whom an attested copy of the Statement is delivered refuses to pay, deliver, transfer, or issue any personal property or evidence thereof, it may be recovered or its payment, delivery, transfer, or issuance compelled upon proof of their right in a proceeding brought for the purpose by or on behalf of the persons entitled thereto.
Any person to whom payment, delivery, transfer or issuance is made is answerable and accountable to any PR of the estate.
2.6 Examples
Example 1
Thirty days have passed since Donna died leaving her spouse Harry and their three children: Andy, Debra and Mary. At the time of her death, Donna owned a house, held as tenants by the entirety, a bank account held jointly with Harry with a balance of $120,000 and, standing in her name alone, a car valued at $29,000 and a bank account with a $22,000 balance. Her will leaves her entire estate to Harry but if he predeceases her, equally to their children. The will nominates Harry as the PR and Debra as the alternate. May Harry file to become a VPR?
Answer
Yes. Thirty days have passed since the date of death. Donna’s real estate and joint bank account pass by law to Harry. Since the value of the car may be excluded, Donna’s only asset is the bank account in her sole name which is less than $25,000. Harry is an interested person and while he is nominated in the will, he need not have been nominated in order to file.
Example 2
Thirty days have passed since Donna died leaving her three children: Andy, Debra and Mary (a minor). May Andy become VPR of Donna’s estate if Mary, the minor, has no guardian or conservator?
Answer
Yes. The fact that Mary is a minor does not affect Andy’s ability to file for a VPR.
Example 3
Donna died in 2005 leaving her spouse Harry and their two children: Andy and Debra. At the time, Harry believed no probate was necessary since all of Donna’s assets were held jointly with Harry. As a result of an unexpected windfall, Harry learns that Donna’s estate was entitled to $19,000 at the time of her death (now valued at $22,000). May Harry seek to file a VPR in 2012?
Answer
Yes. Providing Harry meets the other requirements, Harry may become VPR any time after Donna’s death since the time limitations of § 3-108do not apply to Voluntary Administration proceedings. Also, even though the value to file a Voluntary Administration in 2005 was $15,000, the requirement that the amount of the personal property be less than $25,000.00 is applied as of the date of filing not date of death, so Donna’s estate qualifies.
Example 4
Thirty days have passed since Donna died domiciled in Plymouth county leaving her spouse Harry and their three children: Andy, Debra and Mary (a minor). Donna and Harry owned their home as tenants by the entirety. Donna also owned a car and a bank account with a balance of $12,000 standing in her name alone. Donna does not have a will. Harry does not want to serve as VPR. May Andy, who currently lives in Burlington, Vermont file to become a VPR of Donna’s estate?
Answer
Yes. It is more than 30 days since Donna’s death and her bank account is less than $25,000. Andy is an interested person and need not have priority nor be a resident of Massachusetts to file.
Example 5
Thirty days have passed since Debra, a recent graduate of Amherst College, was killed in a car accident two weeks after graduation leaving in her native state of New York, her parents, Donna and Harry, and two siblings, Andy and Mary. In addition to personal property located in her apartment in Amherst, Hampshire County, Debra had a long standing checking account with a $3,000 balance at Big Bank of America and a savings account with a $1,000 balance at Little Savings Bank in Amherst. May Donna become VPR of Debra’s estate?
Answer
Yes, provided Debra was a resident of Massachusetts as stated on her death certificate (listed as domicile on the Voluntary Administration Statement). If Debra resided in Massachusetts, Donna could become VPR regardless of that the fact that Donna does not reside in Massachusetts. If Debra was still a resident of New York according to her death certificate, Donna would need to become appointed in New York in Order to access the bank accounts. If the information as to domicile on Debra’s death certificate is incorrect, Donna may file (MPC 485) Affidavit of Domicile as to Debra’s domicile.
Example 6
Thirty days have passed since Debra died without a will leaving her parents, Donna and Harry, and two siblings, Andy and Mary. May Donna and Harry apply to be Co-VPRs of Debra’s estate?
Answer
Yes. Donna and Harry are both interested persons and the definition of “interested person” under § 1-201(24) includes more than one person.
| Date published: | June 1, 2016 |
|---|---|
| Last updated: | December 2, 2025 |