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This is what to file when a person
dies – owning personal property having a value less than
$15,000 (not counting the value of a motor vehicle) in his or
her own name and did not leave a will.
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 less than $15,000.00, the assets
consist of personal property only, and the decedent did not
leave a will, an applicant may file a Statement of Voluntary
Administration at least 30 days after the date of death.
The applicant must be the surviving spouse, a child,
grandchild, parent, brother, sister, niece, nephew, aunt or
uncle of the decedent and MUST be an inhabitant of
Massachusetts.
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 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:
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Filing fee of $135.00 (Payable to
“Plymouth Probate Court”. Bank check or money order is required. No personal checks are accepted.) |
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Statement
of Voluntary Administration (Click for form.)
Read "Important Information About Filling out the
Statement" below before filling in this form. |
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Certified copy of the death
certificate |
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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!
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The
paragraph referring to those who would take
under Section 3 of Chapter 190 means heirs at
law of the decedent.
Surviving spouses are reminded that the
decedents’ 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. |
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- 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.
PLEASE NOTE:
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.
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Where
to file:
All papers above should be
filed:
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mail to: |
Plymouth County Probate and
Family Court |
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ATTN: Probate Department |
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P.O. Box 3640 |
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Plymouth, MA 02361 |
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| In
person at: |
Plymouth County Probate and
Family Court |
or
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Plymouth County Probate and
Family Court |
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52 Obery Street |
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215 Main Street |
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Plymouth, MA 02360 |
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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 Administrator may perform his/her
duties as set forth in M.G.L. Ch. 195, Sec. 16.
You may gather any assets listed in the statement
and discharge expenses and debts, as provided in said
section 16.
If there are stock certificates that need to be
transferred or liquidated, the stock transfer agent may
require a Certificate of Appointment.
The fee to obtain same is $20.00.
(To request a copy, fill out the Request
for Copy form (click for quick link).
Click
here for printable version of the following instructions
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