In Massachusetts, upon death, a lien attaches to a decedent's real property for ten years, or until the estate tax is paid, or an affidavit showing that the decedent's gross estate does not require an estate tax filing is recorded by a personal representative (or other qualified person under G. L. c. 65C, 6(a)) in the Registry of Deeds.

Use the affidavit of estate tax under M.G.L. c. 65C, 14(a) to release the lien on the decedent's property. The affidavit should include the name, address, and date of death of the decedent. The affiant shall indicate whether he/she is the personal representative of the decedent's probated estate, or, if the property is not subject to probate, then the affiant's relationship to the decedent.

The document's recitals also include the address of the premises affected and the prior instrument containing a legal description of the property. All statements contained within the affidavit are made by the affiant on penalty of perjury and sworn to before a notary public.

Contact a lawyer with questions about the Massachusetts estate tax and affidavits relating to decedents' estates in the Commonwealth of Massachusetts.

(Massachusetts ETA Package includes form, guidelines, and completed example)

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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Common Uses for Estate Tax Affidavit

Satisfy title company requirements for trust-held property
Distribute inherited property among multiple heirs
Distribute real estate to beneficiaries of an estate
Establish a trust's interest in real property for public record
Sell estate property to satisfy debts or obligations
Provide proof of trust existence without disclosing trust terms

Compare other Massachusetts deed forms and documents

Quitclaim Deed Quitclaim Deed with Covenants Gift Deed Warranty Deed Grant Deed Correction Deed Easement Deed Termination of Easement General Durable Power of Attorney Specific Durable Power of Attorney for the Sale of Real Property Specific Durable Power of Attorney for the Purchase of Real Property Mortgage Deed and Promissory Note Discharge of Mortgage Assignment of Mortgage Memorandum of Agreement for Purchase and Sale of Real Estate Full Release of Memorandum of Agreement for Purchase and Sale of Real Estate Disclaimer of Interest Trustee Deed Personal Representative Deed of Sale Personal Representative Deed of Distribution Notice of Contract Notice of Identification Statement of Account Notice of Termination Notice of Substantial Completion Bond for Written Contract Dissolution by Bond Dissolution of Lien Contractor Partial Waiver and Subordination of Lien Contractor Full Conditional Lien Waiver Subcontractor Partial Waiver and Subordination of Lien Subcontractor Full Conditional Lien Waiver Trustee Certificate

Important: County-Specific Forms

Our estate tax affidavit forms are specifically formatted for each county in Massachusetts.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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