Filing a Notice to Creditors in Massachusetts: Detailed Answer and Practical Steps

Disclaimer: This is general information and not legal advice. I am not a lawyer. For advice about your specific situation, contact a licensed Massachusetts probate attorney or the Probate and Family Court.

Detailed Answer

A Notice to Creditors informs potential creditors that an estate is open and explains how to present claims. In Massachusetts, the probate code that governs presentation of claims and notice requirements is the Massachusetts Uniform Probate Code (Chapter 190B). See Mass. Gen. Laws ch. 190B for statutory rules and timelines: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B.

Who files the notice: The personal representative (sometimes called executor or administrator) appointed by the Probate and Family Court is responsible for providing notice to creditors once the estate administration begins.

Two complementary steps satisfy Massachusetts notice obligations:

1. Direct (mailed) notice to known creditors. The personal representative must send written notice to creditors the representative knows about or reasonably should know (for example, creditors who held accounts, delivered services, or submitted claims before appointment).
2. Public notice (newspaper publication). The personal representative normally must publish a notice in a newspaper of general circulation in the county where the estate is being administered, so unknown creditors have an opportunity to present claims.

What the notice typically includes: the decedent’s name, date of death, contact information for the personal representative (or their attorney), the probate docket or estate file number, and a clear statement of where and how a creditor should present a claim (mailing address, deadline, and any verification required). The notice may direct creditors to present signed, written claims with supporting documentation.

How creditors present claims: Creditors must present a written claim (often a verified, signed statement) that states the amount owed, the basis for the debt (contract, judgment, services rendered, etc.), and include any supporting invoices, judgments, or account statements. Present claims to the personal representative (and file with the Probate Court if required by local practice).

Deadlines and legal effect: The Massachusetts probate code sets the procedures and deadlines for presenting claims and for contesting or allowing/rejecting them. If a creditor does not present a timely claim under the statutory procedures, the creditor may be barred from recovering from estate assets (subject to statutory exceptions). For the authoritative rules about presentation of claims and deadlines, review the relevant provisions of Chapter 190B: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B/Section3-801 and surrounding sections.

Proof of notice to the court: After publication and any required mailings, the personal representative typically files proof of publication and an affidavit of service (or similar proof of mailing) with the Probate and Family Court. The court keeps the proof in the estate file.

Practical sequence of steps (high level):

• Obtain appointment as personal representative from the Probate and Family Court (letters of appointment or “letters testamentary/administration”).
• Compile a list of known creditors and their contact information.
• Prepare mailed notices to known creditors and keep proof of mailing.
• Prepare the public notice and arrange publication in a local newspaper; obtain an affidavit of publication from the newspaper.
• File proof of publication and any affidavit(s) of service with the court.
• Receive and evaluate claims; allow, compromise, or contest claims following court procedures and Chapter 190B rules.

Key Massachusetts Statutes and Court Resources

• Massachusetts Uniform Probate Code (Chapter 190B) – main text: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B
• Presentation of claims (see Article/Sections on presentation of claims) – e.g., Section 3-801 and related sections: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B/Section3-801
• Probate and Family Court (information, local rules, and forms): https://www.mass.gov/orgs/probate-and-family-court

Common Questions About Notices to Creditors

• Must I notify every possible creditor? You must notify known creditors and publish public notice so unknown creditors can come forward. Reasonable diligence matters: check decedent records, bank statements, medical bills, and prior correspondence.
• What if a creditor files a late claim? The court and statute set rules for late claims and possible exceptions. A late-filed claim may be barred unless the creditor shows good cause or an exception applies.
• Does notice to creditors close claims against beneficiaries? A properly administered notice and allowance/rejection process helps the estate resolve liabilities before distributing assets. Beneficiaries may still face risk if unexpected valid claims appear after distribution.

Helpful Hints

• Start early: Begin compiling creditor information as soon as you are appointed personal representative.
• Use certified mail or another trackable method for direct notices to known creditors and keep receipts.
• Work with the probate clerk: Court clerks can provide local filing requirements and fee information for proof of publication and related paperwork.
• Keep detailed records: maintain copies of mailed notices, affidavits of publication, and any claims received and responses sent.
• Verify content: ensure the public notice includes the estate file number and the contact information for the personal representative or their attorney.
• Check local newspaper rules: the Probate Court or local clerk can tell you which newspapers meet the publication requirement in the county where the estate is administered.
• Consider counsel: if the estate is complex, has large unknown liabilities, or faces contested claims, consult a Massachusetts probate attorney to manage filings and objections under Chapter 190B.

For specific statutory language and deadlines, consult Chapter 190B of the Massachusetts General Laws: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B and speak with a probate attorney or the Massachusetts Probate and Family Court.