Saving Time and Money on Probate of A Small Estate
By Attorney John L. Roberts, Longmeadow, Massachusetts
Even if the decedent did no advance estate planning, it may still be possible to avoid Probate entirely, or use a streamlined form of Probate. Small estates consisting entirely of personal property worth up to $15,000.00 (and NO real estate) may be settled in a cost saving form of probate known as Voluntary Executor.
If there is no Will, this informal procedure is called Voluntary Administration.
The features of this informal process are:
- personal property not worth more than $15,000;
- the value of a car or motor vehicle in addition to the $15,000;
- real estate cannot be transferred through this procedure; a formal probate is require to transfer title to real estate;
- The Voluntary Executor or Administrator does not have the ability to start litigation to recover for personal injury or damages ; a formal probate is required to start litigation.
A person wishing to be a Voluntary Executor or Voluntary Administrator files a statement at the Probate Court listing information about the Estate. She then may negotiate some claims belonging to the Estate, and receive payment of debts or assets listed on the statement. A person becomes a Voluntary Administrator or Voluntary Executor by administrative formalities, without making a formal appearance before a judge. There are limits on what a Voluntary Administrator can do. Massachusetts courts have ruled that a Voluntary Administrator does not have authority to engage in litigation or settles court cases and claims such as the wrongful death of the decedent.
Statement of Voluntary Administrator: |
100.00 Certificate +20.00 Surcharge +15.00 TOTAL$135.00 |
| Statement of Voluntary Executor: (when there is a will) |
30.00 Certificate +20.00 Surcharge +15.00 TOTAL$65.00 |
My office frequently helps people settle small estates with no real estate. These small estates can go through Probate within a few weeks, at very little cost!
We can provide you with low cost Limited Assistance Representation to get you started on this process. Limited Assistance Representation offers you the basic services of Probate estate settlement for a low flat fee. You pay only for the services you want, so that you can take full responsibility for following through with closing the estate yourself.
Massachusetts law also provides a way for small bank accounts and small accounts in credit unions to be distributed without any need for probate. Stocks valued under $750 that were owned by the decedent may be distributed, without need for probate.
The Massachusetts Department of Revenue and the Massachusetts Registry of Motor Vehicles use forms MVU 24 and MVU 27 to exempt transfers of cars and trucks from sales tax. Also, if a spouse dies leaving ownership of a car in his name, the surviving spouse can transfer title through the Registry of Motor Vehicles without any need for probate, as long as the vehicle was not given to some other person by will. Massachusetts law states that upon the death of the owner of a pleasure vehicle, the vehicle shall be deemed to have been jointly held, and ownership shall pass to the surviving spouse, who can obtain a Certificate of Title using a single Affidavit of Surviving Spouse form from the Registry of Motor Vehicles. These are some of the many simple methods I use to help people save time and money.
But if you own real estate, farmland, a small business, an IRA, or stock accounts, you need estate planning that will protect your assets, and avoid probate.
