Detailed Answer
In Massachusetts, the concept similar to an “heirship affidavit” is known as an Affidavit of Collection of Personal Property under M.G.L. c. 190B, § 3-200. This process lets heirs collect personal property from an estate valued at $25,000 or less without formal probate. Follow these steps:
- Confirm Estate Eligibility: Ensure the decedent’s personal property (bank accounts, stocks, jewelry) totals no more than $25,000. Real estate and motor vehicles are excluded.
- Gather Key Information: Compile the decedent’s full name, date of death, and a list of all heirs including names, addresses, and relationships.
- Draft the Affidavit: The affidavit must state:
- The decedent died on a specific date.
- The estate’s personal property value and a description of assets.
- All known heirs and their respective shares.
- No pending petition for a personal representative.
- Attach Supporting Documents: Include a certified death certificate and any available property appraisals or account statements.
- Obtain Signatures and Notarization: All adult heirs must sign before a notary public.
- Present the Affidavit: Deliver the signed affidavit to the institution or custodian holding the assets (e.g., bank, brokerage). For transfers of real property, you must execute a separate deed and record it at the county Registry of Deeds.
If the estate’s value exceeds $25,000 or involves real estate, you must initiate formal probate or informal administration in the Probate and Family Court. Forms and instructions are available at the Massachusetts Probate and Family Court website: https://www.mass.gov/orgs/probate-and-family-court.
Statutory Authority: Massachusetts General Laws, Chapter 190B, Section 3-200: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B/Section3-200.
Helpful Hints
- Double-check the total estate value to confirm eligibility under § 3-200.
- Use local Probate Court forms to ensure compliance with filing requirements.
- Keep certified copies of all submitted documents for your records.
- Verify notary requirements: each heir’s signature must be notarized.
- When in doubt, seek advice from a probate attorney on complex estates.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.