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)

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