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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 left 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.
A male applicant is called an Executor. A female applicant is called an executrix.
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 left a
will naming the applicant as Executor/Executrix, an applicant
may file a Statement of Voluntary Executor/Executrix at least
30 days after the date of death.
The applicant must be named Executor/Executrix by the
decedent in his/her will.
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 $65.00 (Payable to
“Plymouth Probate Court”. Bank check or money order is required. No personal checks are accepted.) |
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Original
Will |
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Statement
of Voluntary Executor/Executrix (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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Appointment
of Agent - If the applicant resides outside
Massachusetts, he/she must designate a Massachusetts
resident as his/her agent by submitting the Appointment
of Agent. (Click
here for Appointment of Agent Form) |
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IMPORTANT INFORMATION ABOUT FILLING OUT THE STATEMENT
OF VOLUNTARY EXECUTOR/EXECUTRIX
The applicant must provide all requested
information.
- Be sure to include the vehicle
identification number of the motor vehicle, if
applicable
- The list of those who receive something
under the terms of the will, 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
Executor/Executrix 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 Executor/Executrix may perform his/her duties as
set forth in M.G.L. Ch. 195, Sec. 16A.
You may gather any assets listed in the statement,
discharge expenses and debts, and distribute the balance, if
any, according to the terms of the will, as provided in said
section 16A.
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).
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