Detailed Answer

Disclaimer: This is educational information and not legal advice. For guidance about a specific situation, consult a Massachusetts probate attorney.

In Massachusetts probate practice, a personal representative (executor or administrator) must notify creditors of the decedent’s death. Creditors who want payment for debts generally must present their claims within the statutory notice period. Under Massachusetts law that implements the Uniform Probate Code, a typical deadline is 90 days from the date the personal representative mails or publishes the required notice to creditors. See the Massachusetts Probate Code, Chapter 190B, Article on claims (M.G.L. c.190B §3-803).

What typically happens if a creditor files after the 90-day period?

• Generally, the creditor’s claim will be barred by the probate court. That means the claim is unenforceable against the probate estate, and the personal representative can object and ask the court to disallow or dismiss the late claim.
• A late filing does not automatically let the creditor collect from estate assets that have already been distributed to beneficiaries. If the estate has been fully administered and closed, the creditor will often have little or no recourse against estate property that passed to heirs or beneficiaries.

Exceptions and situations where a late claim might be allowed

The court may allow a late-filed claim in limited circumstances. Common examples include:

• No effective notice: If the creditor never received the required mailed notice and the creditor files within 90 days after actually receiving notice from the personal representative, many courts will consider the claim. (Under the probate-code framework, the running of the bar date often depends on when the creditor actually received notice.)
• Excusable neglect or good cause: If the creditor can show a reasonable excuse for missing the deadline (for example, serious illness, administrative error, or other excusable neglect), the probate court may allow the late claim after weighing fairness to the estate and beneficiaries.
• Ongoing estate assets or unsettled administration: If the estate still holds assets and the administration is open, a court may be more willing to permit consideration of a late claim than if the estate has been fully distributed and closed.
• Statutory or special claims: Some claims (for example, certain tax claims or government claims) may follow different timelines or enforcement mechanisms outside the 90-day probate creditor-notice scheme.

How the probate court decides

The court balances competing interests: protecting beneficiaries who relied on the deadline to receive distribution, and ensuring legitimate creditors have an opportunity to be paid when fairness requires it. Evidence a creditor should gather to support a late claim motion includes proof of lack of notice, medical or travel records showing incapacity, correspondence with the personal representative, and any invoices or contracts proving the debt.

What beneficiaries or personal representatives should do when faced with a late claim

• Review the claim and the record to confirm when and how notice was given (mailing receipts, published notice copy, court docket entries).
• If the claim appears barred, file a written objection with the probate court and ask the court to disallow the claim. Provide evidence of timely notice and any distributions already made.
• If the estate can afford to pay and the claim is valid and undisputed, the personal representative may choose to pay the claim — but payment is often voluntary and can affect what remains for beneficiaries.

What a creditor should do when filing late

• File the claim promptly and simultaneously file a motion or memorandum asking the probate court to allow the late claim, explaining the reasons for delay and attaching supporting documents.
• Demonstrate either lack of notice, excusable neglect, or compelling equitable reasons why the court should exercise discretion in the creditor’s favor.
• Consider alternative collection avenues if probate relief is unlikely — for example, collecting from non-probate assets (co-owned property, payable-on-death accounts) or pursuing contractual remedies if available.

Statutory reference

For the statutory framework applicable in Massachusetts, see M.G.L. c.190B, Section 3-803 regarding claims against an estate: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B/Section3-803. You can also review Chapter 190B generally for related provisions: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B.

Helpful Hints

• Act quickly. If you’re a creditor and missed the 90-day window, file your claim and a motion to allow it as soon as you can — delay weakens your position.
• Collect proof of notice (or lack of notice). Mail receipts, published notice copies, and communication records are critical evidence.
• If you are a personal representative, keep detailed records of mailings and published notices. These records are your first line of defense against late claims.
• Don’t assume a claim is automatically enforceable just because it was filed late. Both creditors and the estate must be prepared to ask the probate court to decide whether the late claim should be allowed.
• Consult a Massachusetts probate attorney early. Probate deadlines and the court’s discretion can turn on small factual details and procedural steps.

If you want, I can outline a checklist of documents to assemble for a court filing (for either a creditor seeking to save a late claim or for a personal representative opposing one).

Again: this is general information and not legal advice. Consult a licensed Massachusetts probate attorney for advice about a specific matter.