Final Paycheck After Death in Massachusetts: Why You Can't Just Cash It

Most people assume a surviving spouse can simply pick up a deceased partner's final paycheck — the money was earned, the family needs it, and the employer is ready to write the check. In most states, that would be correct. In Massachusetts, an antiquated statute stops most families cold.

Understanding the specific legal limitation — and the practical workarounds — can save you weeks of delay when your household budget is already stretched.

The $100 Rule That Governs Final Wages

Massachusetts General Laws Chapter 149, Section 178A contains a provision that is extraordinary by modern standards. An employer may release a deceased employee's unpaid wages directly to a surviving spouse or adult child only if:

1. At least 30 days have passed since the date of death, and
2. The total amount owed does not exceed $100.

Read that again: one hundred dollars. This statutory cap has not been meaningfully updated in decades. Legislative efforts, including Bill H2117, have been proposed to modernize the law and establish a priority payment hierarchy for survivors, but as of mid-2026 the $100 limit remains in effect.

If the final paycheck exceeds $100 — which covers virtually every employee — the employer is legally required to hold the money until a duly appointed executor or voluntary administrator presents formal demand. There is no exception for small amounts above the threshold, no employer discretion, and no family hardship bypass.

What Employers Are Actually Required to Do

Employers are not stealing from you — they are complying with the law. When a payroll department learns of an employee's death, the legal obligation is to:

• Stop automatic direct deposits into the deceased employee's sole accounts
• Withhold any pending paychecks above $100
• Release the withheld wages only upon presentation of Letters of Authority issued by the Probate and Family Court, or upon receiving a Voluntary Administration Statement (Form MPC 170) if the entire estate qualifies for that simplified process

Some employers, unfamiliar with the statute, may ask for a "letter from the family." That is not sufficient. What the law requires is court-issued authority, not a personal request.

The Two Legal Paths to Collect the Wages

Option 1: Voluntary Administration (for Small Estates)

If the total probate estate — including the final paycheck and all other solely owned assets — does not exceed $25,000 in personal property (excluding one motor vehicle), the family can use the Massachusetts Voluntary Administration process instead of full probate.

Filing requirements:

• Form MPC 170 (Voluntary Administration Statement)
• A certified death certificate
• The original will, if one exists
• A $115 filing fee (some counties vary slightly)

The filing cannot happen until 30 days after the date of death. Once the Probate and Family Court accepts the MPC 170 and issues a statement designating the voluntary administrator, that person can present the document to the employer and collect the wages.

This is the fastest and cheapest route for most families, but it requires the entire estate to stay under the $25,000 threshold. If there are other frozen bank accounts, investment accounts, or personal property that would push the total above $25,000, this option is not available.

Option 2: Informal or Formal Probate

If the estate exceeds $25,000, or if real estate is involved, the family must go through standard probate. Informal Probate (filing Form MPC 150 with a $390 filing fee) can begin as early as 7 days after death and is processed by a court magistrate without requiring a judge. Once the court issues Letters of Authority to the Personal Representative, those letters authorize collection of all estate assets, including unpaid wages.

Formal Probate follows a slower, judge-involved process reserved for disputed estates, lost wills, or situations where an heir has a legal disability. Avoid it for the sole purpose of collecting a final paycheck.

Practical Steps to Take Right Now

1. Call payroll at the employer and ask whether a final paycheck is pending and what the gross amount is. Get this in writing.
2. Determine the total probate estate value. If total assets are under $25,000, prepare for Voluntary Administration. If over $25,000, you will go through informal probate.
3. Order certified death certificates — you will need at least one to file with the probate court, and several more for other claims running in parallel.
4. Do not pressure the employer to release wages informally. If the employer releases wages without proper legal authority, they can face personal liability. Help them help you by providing the correct documentation.

The Broader Picture: Wages Are Just One Frozen Asset

The final paycheck situation illustrates a larger pattern survivors encounter in Massachusetts: financial assets freeze at death and require court-issued authority to unlock. Bank accounts, brokerage accounts, vehicles, and wages all follow the same basic rule — present Letters of Authority or a Voluntary Administration Statement to release them.

The fastest path through this is to start the probate clock immediately. Even if you are managing grief, do not wait weeks before contacting the Probate and Family Court. The 30-day minimum for Voluntary Administration cannot be shortened, but you can use those 30 days to gather documents and prepare the filing.

The wage issue is one piece of a larger financial picture. The Massachusetts Survivor Benefits Navigator covers the full sequence — from accessing frozen accounts on Day 30 to filing the estate tax lien affidavit at the Registry of Deeds — so you can move through each step without getting blocked by administrative rules you didn't know existed.

See more Massachusetts guides →