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Sep 08, 2026
When someone passes away with a relatively small estate, you may be able to use a different form of probate compared to other estates, known as voluntary administration. Learning about how small estates use simplified probate, and whether this may be used for you or a loved one’s estate, can be helpful when determining your next legal steps.
Understanding Voluntary Administration in Massachusetts
Voluntary administration is a simplified probate procedure that can be used for estates with no real estate and a limited amount of other property. Similar to traditional probate, voluntary administration is a court-supervised process for administering and distributing an estate. However, there are many differences when it comes to eligibility and the legal process.
Voluntary administration is designed for certain estates that consist entirely of personal property valued at or below $25,000. This excludes the value of a car. Because this type of probate case involves limited assets, it is often simpler compared to a case involving many high-value assets. In Massachusetts, 15.7% of people report zero or negative wealth. Estates like these may benefit from the voluntary administration process.
During the probate process, a voluntary personal representative (VPR) can step forward to administer the estate. They do not need to be formally appointed by the court. This individual can carry out the management and distribution of the assets. They can also file documents with the court.
The Advantages of Using Voluntary Administration
Probate is often thought of as being a slow, expensive process that leaves assets tied up in court proceedings for far too long. Voluntary administration offers a different option. For a qualifying estate, voluntary administration can provide many practical advantages. They include:
- Simplified procedure. The voluntary administration process involves fewer court processes compared to traditional probate, such as having a VPR rather than a court-appointed administrator.
- Lower costs. The filing fee for a voluntary administration probate case is $115, which is significantly cheaper than the basic filing and surcharge fees for formal probate.
- Less court involvement. While voluntary administration is court-supervised, the court plays a less active role in a case.
- Quicker resolution. Oftentimes, voluntary administration is a quicker process because the estates are less complicated, there is a reduced likelihood of disputes or legal issues, and it avoids some of the time-consuming administrative steps associated with traditional probate.
- Available regardless of an estate plan. Voluntary administration is an option regardless of whether the deceased person left a will or died intestate.
Are You Eligible for Voluntary Administration?
There are several eligibility requirements that must be met if you wish to use voluntary administration. Reviewing these requirements before filing a case can help you reduce potential delays or mistakes. Furthermore, if you hire a probate lawyer, they can confirm your eligibility.
You may be eligible for voluntary administration if:
- The deceased person was a Massachusetts resident when they passed away
- The deceased person’s estate consisted of personal property valued at $25,000 or less, excluding the value of a car
- At least 30 days have passed from the date of death
- The petitioner is an interested party, such as a family member or beneficiary
- No other probate cases have yet been filed
Hire a Probate Lawyer to Further Simplify Your Probate Case
Albanese Law, LLC, is an experienced Massachusetts law firm that has helped countless individuals and families navigate the probate process. Attorney Matthew P. Albanese is committed to helping people get through the probate process without the stress too often brought on by this process.
Attorney Matthew P. Albanese has served as Past President of the Massachusetts Chapter of the National Academy of Elder Law Attorneys, serves as the Co-Chair of Massachusetts NAELA’s Diversity, Equity, and Inclusion committee, and is a member of the Boston Bar Association, among others.
Matthew P. Albanese is also committed to advancing legal education surrounding estate planning and senior law, and provides lectures on these topics through the Massachusetts Continuing Legal Education.
FAQs
What Is the Difference Between a Small Estate and a Probate Estate?
The difference between a small estate and a normal estate during probate is that estates of a certain size may be eligible to go through a different form of probate. A small estate, or an estate comprised of $25,000 or less of personal property, can go through probate using voluntary administration. Larger estates are generally not eligible for this simplified probate option.
What Are the Common Mistakes in Probate?
Common probate mistakes include failing to identify all estate assets, using the wrong probate procedure, improperly valuing property, and distributing assets before the probate process has concluded. It is very easy to make mistakes, as probate laws are complex and often unintuitive. If you hire a probate lawyer, they can help you make sure that you act in accordance with the probate laws and avoid critical errors that may cause delays or further legal issues.
Can Real Estate Go Through Voluntary Administration in Massachusetts?
No, real estate cannot go through voluntary administration in Massachusetts. Voluntary administration is specifically limited to estates with limited property, which excludes estates with real estate. If someone owned property that now requires administration or a change in title, another probate process may be necessary.
How Long Does Probate Take With Voluntary Administration?
There is no universal timeline for voluntary administration because circumstances vary between cases. Factors like the court’s schedule and the complexity of your case impact the timeline. However, Massachusetts requires at least 30 days to pass after the deceased person’s death before a voluntary administration can be filed. Even after this month, additional time may be needed to identify assets, resolve any debts, complete all court filings, and distribute property.
Work With a Skilled Massachusetts Voluntary Administration Attorney
Voluntary administration can make settling an estate considerably simpler. If you are ready to learn more about what it takes to be eligible and how to get this process started, Albanese Law, LLC, can help. Contact us to set up a consultation to learn how a Massachusetts voluntary administration attorney can help you reduce the stress and confusion involved in the probate process.
