Free Massachusetts Affidavit of Heirship Form

Massachusetts Affidavit of Heirship Form

In cases whereby a person dies without a will, relatives seek the easiest method in the process of transferring assets. In Massachusetts, there is no statutory affidavit of heirship by which real property passes automatically to heirs. Nevertheless, heirs can nonetheless utilise related statutory instruments such as the Massachusetts Affidavit of Heirship Form (which informally states family genealogy), small estate affidavits, and voluntary administration in settling small estates. In Boston, Worcester, and Springfield, families usually use these means to deal with estates, not prospects of long probate.

What Is an Affidavit of Heirship Form in Massachusetts?

The Affidavit of Heirship Form Massachusetts is a binding code that describes family ties and determines legal heirs of a deceased individual. Although this is customarily used to transfer property in some states, this affidavit is not used in Massachusetts on transference of real estate property. It is not a helpful document to submit to banks, financial institutions or, in some instances, title companies, but it is a document that serves as an effective record of heirship. Lawyers also draft an affidavit of death and heirship to record family history, but heirs should realise that these are not substitutes for probate in cases involving land.

Small Estate Affidavit for Personal Property

• Massachusetts allows heirs to use a Small Estate Affidavit to collect personal property when certain conditions are met:

  • The total value of the estate does not exceed $25,000 (excluding a vehicle).

  • At least 30 days have passed since death.

  • No personal representative has been appointed.

  • The affidavit is filed with the local probate court.

  With this process, heirs in Cambridge or Lowell can claim bank funds, stocks, or a vehicle without going through full probate. The institution—such as a bank or the Registry of Motor Vehicles—may require the affidavit along with a certified death certificate. This tool is particularly useful for smaller estates where heirs simply need access to cash or vehicles.

Why There Is No Real Estate Affidavit in Massachusetts

• Some states allow heirs to record an affidavit of heirship to clear real estate titles. Massachusetts law, however, requires probate for real property transfers. Even if an affidavit of death and heirship is recorded, it does not legally transfer ownership. Instead, heirs must use:

  • Formal probate – when the estate is large, contested, or involves debts.

  • Informal probate – a quicker option for uncontested estates.

  • Voluntary administration – available when the estate value is below the threshold and heirs meet statutory requirements.

  Families in towns like Quincy or Brockton often use voluntary administration to handle modest estates, while larger estates in Boston typically proceed through formal or informal probate.

Voluntary Administration – A Simple Probate Path

In the law of Massachusetts, voluntary administration is a minimised form of probate that may be used in smaller estates. The estate should be less than $25,000 in value (not including one car) in personal property to qualify. The procedure entails going to the probate court and filing a request and affidavit. At this stage, the court would give the voluntary administrator the powers to gather and allocate assets. The process also enables heirs to access property in a more efficient manner, with little court supervision in most scenarios.

Benefits of Using Affidavits

• Even though the Massachusetts Affidavit of Heirship Form cannot directly transfer real estate, it still provides several benefits:

  • Establishes a clear record of heirs.

  • Assists in collecting personal property from banks and institutions.

  • Helps with vehicle title transfers.

  • Supports attorneys and title companies in confirming family lineage.

  For example, a family in Worcester may use the small estate affidavit to transfer a vehicle, while heirs in Springfield may use an affidavit of death and heirship to document relationships for financial purposes.

Steps to Complete the Massachusetts Affidavit of Heirship Form

• 1. Collect Information – Names of heirs, relationship to deceased, and estate information.

  2. Prepare the Affidavit – Write in a clear manner stating heirs and other property information.

  3. Attach Documents – List a certified copy of death and, when necessary, court authorisations.

  4. Notarise the Affidavit – Sign the document in the presence of a notary public.

  5. File or Present – Send to probate court to voluntarily administer or present to banks and institutions to delegate assets.

Common Questions

1. Can I use the Massachusetts Affidavit of Heirship Form to transfer real estate?
No, real estate requires probate or voluntary administration.

2. What is the estate value limit for voluntary administration?
$25,000, excluding one vehicle.

3. Is an affidavit of death and heirship legally binding?
It documents heirship but does not transfer ownership without probate.

4. How do heirs claim bank accounts or vehicles?
By filing a small estate affidavit or voluntary administration in probate court.

You can reserve and print the legally acceptable Massachusetts Affidavit of Heirship Form right here at https://forms.legal/. Digital possession of the right affidavit makes sure that heirs and the existing states complement estate matters without faults.