This is what to file when a person dies, with or without a will, owning personal property having a value not more than $25,000 (not counting the value of a motor vehicle) in his or her own name. It allows an informal administration of such small estates.
The deceased person is called a decedent. What he/she owns in his/her own name is termed the assets of the estate. Jointly owned assets are not part of the estate. Personal property means items that are not real estate.
If the value of the assets of the estate of a decedent is not more than $25,000.00, and the assets consist of personal property only, an applicant may file a Statement of Voluntary Administration at least 30 days after the date of death. The applicant must be an interested party which includes heirs, devisees, children, spouses, beneficiaries and others having a property right in or claims against the estate of the decedent. The applicant must submit the form to Plymouth County Probate and Family Court either by mail or in person.
All forms that are linked below can be filled out by the applicant on-line. However, the applicant still needs to print out the form, sign it, have it notarized, and then submit it to Plymouth County Probate and Family Court either by mail or in person.
If this is what you need to file you have come to the right place!
Here you will find:
What to file:
- Filing fee of $115.00 (Payable to “Plymouth Probate Court”. Bank check or money order is required. No personal checks are accepted.)
- Voluntary Administration Statement (Click for form). Read “Important Information About Filling out the Statement” below before filling in this form.
- Certified copy of the death certificate
IMPORTANT INFORMATION ABOUT FILLING OUT THE STATEMENT OF VOLUNTARY ADMINISTRATION
The applicant must provide all requested information.
- Be sure to include the vehicle identification number of the motor vehicle, if applicable
- The list of heirs and joint owners MUST be completed. DO NOT LEAVE THIS SPACE BLANK!
The paragraph referring to those who would take under Section 2-101 through 2-114 of Chapter 190B means heirs at law of the decedent. Surviving spouses are reminded that the decedent’s children or children of a deceased child are also heirs at law and must be listed in the space. If there are no such children, then the applicable heirs at law must also be listed.
- Be sure to check the box on the statement that includes a certification that the applicant has sent copies of the statement and death certificate to the Division of Medical Assistance by certified mail to the address indicated thereon. You MUST comply.
If you do not include all the requested information on this form, we will be unable to accept it for filing and it will be returned to you.
Where to file:
All papers above should be filed:
By mail to:
Plymouth County Probate and Family Court
ATTN: Probate Department
52 Obery Street, Suite 1130
Plymouth, MA 02360
In person at:
|Plymouth County Probate and Family Court
52 Obery Street
Plymouth, MA 02360
|or||Plymouth County Probate and Family Court
215 Main Street
Brockton, MA 02301
What to Expect after you file:
After you file the Voluntary Administration papers with the Court, the papers must be processed. Processing requires that the estate needs to be indexed, assigned a docket number, file stamped, docketed into the official court docket, and the filing fee needs to be documented and forwarded to the State’s Account.
If no other probate proceeding for administration of this estate is pending in the Court, the Register will issue an attested copy of the statement which you have filed and will mail same to you.
Upon receipt of the attested copy, the Voluntary Personal Representative may perform his/her duties as set forth in M.G.L. Ch. 190B, Sec. 3-1201. You may gather any assets listed in the statement and discharge expenses and debts, as provided in said section 3-1201.
You may purchase additional attested copies for a fee of $7.50 each with the same payment procedure noted above.
You may also purchase a certified copy of the Voluntary Administration Statement for a fee of $20.00 with the same payment procedure noted above.