You cannot. Massachusetts does not have an affidavit of heirship. That document belongs to Texas and a handful of other states, where it is recorded in the land records to establish who inherited real estate without a full probate. Massachusetts has no equivalent for real property. What Massachusetts offers instead is voluntary administration under General Laws Chapter 190B, Section 3-1201, sometimes called a small estate affidavit. It is a genuinely useful procedure, and it has a hard limit: it cannot transfer real estate.
What Is an Affidavit of Heirship Elsewhere?
In states that use it, an affidavit of heirship is a sworn statement, usually from people who knew the deceased but do not inherit, identifying the family tree and the heirs. It gets recorded at the county land records and creates a presumption about who owns the property.
It is popular because it is cheap and avoids court. Title companies in those states will often insure a transfer based on one after a waiting period.
None of that machinery exists in Massachusetts. There is no statute authorizing it, no recording framework for it, and no registry of deeds that will treat it as establishing title. If you record one here, you have recorded a piece of paper.
What Does Massachusetts Offer Instead?
Voluntary administration, which is the closest analogue and is limited to personal property.
To qualify under Section 3-1201, all of the following must be true:
- The decedent was a Massachusetts resident.
- The probate estate consists entirely of personal property valued at $25,000 or less, excluding the value of one motor vehicle.
- At least 30 days have passed since the death.
- The petitioner is an interested person, such as a spouse, child, heir, named personal representative, or creditor.
- No other probate petition has been filed for the estate.
The filing is a Voluntary Administration Statement, court form MPC 170, submitted to the Probate and Family Court in the county where the decedent lived. It goes with a certified death certificate and the original will if there is one. Copies of the statement and death certificate must be sent by certified mail to the MassHealth Estate Recovery Unit.
The MUPC procedural guide on voluntary administration sets out the criteria in detail.
What Can a Voluntary Personal Representative Actually Do?
Less than a fully appointed personal representative, and the limits matter.
A voluntary personal representative can collect debts owed to the decedent, receive the personal property listed in the statement, surrender listed policies or notes, and pay the estate’s creditors and distributees in the statutory order. Filing the statement is not a court appointment, and authority is limited to what the statute allows.
What it cannot do is the important part:
- It cannot transfer real estate. Not a house, not a condominium, not land. If the decedent owned real property in their own name, voluntary administration is unavailable and a full probate is required.
- It cannot be used above $25,000 of personal property.
- It does not resolve disputes. If heirs disagree, you need a formal proceeding.
What If There Is Real Estate?
Then you are looking at informal or formal probate, and there is no shortcut.
| Situation | Procedure |
| Personal property only, $25,000 or less | Voluntary administration |
| Real estate involved, uncontested, valid will or clear heirs | Informal probate |
| Contested, unclear heirs, missing will, or a minor heir | Formal probate |
Informal probate is reviewed by a magistrate without a hearing and can be allowed as early as seven days after death once notice requirements are met. It is the usual track for a straightforward estate.
Formal probate requires a judge and a hearing, with a citation served on interested parties in advance. It is required where there is a dispute, an unclear will, or a party needing court protection.
Our probate practice handles both tracks. The threshold question is nearly always whether real estate is in the decedent’s individual name.
Is There a Deadline?
Yes, and it is one people miss.
Under Chapter 190B, Section 3-108, informal and formal probate proceedings generally cannot be commenced more than three years after the date of death, subject to limited exceptions. One exception allows a late proceeding where nothing happened within the three-year window, but the personal representative’s authority is then restricted largely to confirming title in the successors, and most claims cannot be presented against the estate.
This is the scenario families fall into when a parent died years ago, nobody probated the estate because the house “stayed in the family,” and now it needs to be sold. The title is defective and the fix is more complicated than it would have been.
How Do I Avoid This Entirely?
The families who never need any of these procedures planned for it.
- A funded revocable trust. Real estate deeded to the trust passes outside probate entirely, which is the cleanest solution for the asset that causes the problem.
- Beneficiary designations. Retirement accounts, life insurance, and payable-on-death bank accounts pass directly. Massachusetts also permits transfer on death registration for securities under Chapter 190B, Sections 6-301 through 6-311.
- Joint ownership with survivorship, which passes property to the survivor, though it carries gift and creditor consequences.
Note what is not on this list. Massachusetts does not allow transfer on death deeds for real estate, so the one-page solution available in many states is unavailable here. A will does not help either, since a will is the instrument that goes through probate. Our discussion of whether a will avoids probate explains why.
Frequently Asked Questions
I found a Massachusetts affidavit of heirship form online. Can I use it?
No. Massachusetts has no statute authorizing one, and recording it will not establish title to real estate.
Does the $25,000 limit include the decedent’s car?
No. One motor vehicle is excluded from the calculation, though transferring the title requires a separate RMV process.
Can voluntary administration be used if there is a will?
Yes. Under the MUPC, whether the decedent left a will no longer affects eligibility. The original will is filed with the statement.
What if the estate is slightly over $25,000?
Voluntary administration is unavailable and informal probate is the usual route. The threshold is firm.
Match the Procedure to What Was Actually Owned
The shortcut people are looking for does exist in Massachusetts, just under a different name and with a narrower reach than an affidavit of heirship. If the estate is small and consists only of personal property, voluntary administration is fast and inexpensive. The moment real estate enters the picture, there is no substitute for probate.
To determine which procedure applies to an estate you are handling, contact us to schedule a consultation. We help families across Essex County and the Merrimack Valley, including Andover, North Andover, Reading, North Reading, and Middleton.