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Detailed Answer

Under Massachusetts law, a personal representative must notify creditors after opening probate. If the representative publishes notice and mails individual notices within three months of appointment, most creditor claims are barred sooner. Otherwise, the two-year rule applies: unpaid claims become unenforceable two years after the decedent’s death.

Key statute: M.G.L. c. 190B, § 3-804(b) states that if a representative mails and publishes notice within three months, creditors must present claims within three months of first publication or be barred. If no notice occurs, M.G.L. c. 190B, § 3-804(a) provides that all claims are barred two years after death.

To rely on the two-year bar, a client should verify that notice requirements were satisfied or confirm that no notice was given, making the two-year rule the controlling deadline.

Steps to Verify Notice Compliance

1. Review the Probate Docket: Visit the probate clerk’s office or use Massachusetts’ electronic docket system (https://www.masscourts.org). Look for entries titled “Notice to Creditors” or “Certificate of Mailing.”
2. Examine Court Filings: Request certified copies of the personal representative’s petitions, orders allowing notice, and certificates of mailing. These filings should show dates and methods of notice.
3. Check Newspaper Publications: Identify the legal newspaper used in the county. Search archives for the published notice, which typically runs once weekly for three weeks. The notice date triggers the three-month bar.
4. Obtain a Certificate of Compliance: Some county clerks issue a certificate confirming that notice requirements under M.G.L. c. 190B § 3-804 were met. This provides formal proof.
5. Contact the Personal Representative: Request written confirmation or proof of notice from the representative or their counsel. This helps document compliance if court records are incomplete.

By gathering these documents, a client can confirm whether the personal representative met notice deadlines or, if no notice occurred, establish that the two-year rule applies to bar late creditor claims.

Helpful Hints

• Use the decedent’s probate case number to find records faster.
• Check both county and statewide online dockets for notices.
• Verify newspaper name and publication dates carefully.
• Keep certified copies of all documents you collect.
• Note that secured creditors may have different deadlines.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.