Probate is the legal process by which a decedent’s assets are distributed after any debts and expenses are paid. The most typical forms of probate are Formal and Informal. However, one should always use Voluntary Administration, a simplified form of probate, when the estate is eligible.
What is Voluntary Administration?
Voluntary Administration is the most simplified form of probate while also being the least expensive. Typically, an estate that qualifies for the petition should use it. Here are the requirements for filing a Voluntary Administration in Massachusetts:
- The decedent must have been a resident of Massachusetts at the time of death;
- The decedent’s estate does not own an interest in real estate which needs to be probated;
- The decedent left a probate estate consisting entirely of personal property valued at $25,000 or less (excluding the value of one car);
- Thirty (30) days or more have passed from the date of the decedent’s death;
- The petitioners must be an interested person as defined by statute (M.G.L. ch. 190B, § 1-201(24)) but does not need to be a resident of Massachusetts.
- No other proceeding seeking to probate the decedent’s will or appoint a personal representative has been filed.
Voluntary Personal Representatives (VPR)
It is important to note that an appointment by voluntary administration is not the same as an appointment in a formal or informal probate. Indeed, voluntary personal representatives are given fewer powers and responsibilities than formal and informal appointees. It is important to consult with a lawyer to determine if a voluntary administration is the right course of action for your specific case.
Furthermore, just because you can file a voluntary administration doesn’t mean that you should file one. Improperly filed voluntary administrations occur in many instances. Necessitating subsequent formal probate filings. This creates a more complicated probate process than would otherwise have been necessary.
