Disclaimer: This article provides general information and is not legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
Under Massachusetts probate law, personal representatives must notify both known and unknown creditors of an estate so they can present claims. This process ensures all debts, including medical debt, are addressed before distribution of assets.
1. Notice to Known Creditors
Within 30 days after issuance of letters testamentary or of administration, the personal representative must mail written notice to each known creditor at the address listed in the decedent’s records. The notice must state that the creditor has 30 days from the date of mailing to present a claim. See M.G.L. c.190B §3-801(a).
2. Notice by Publication for Unknown Creditors
If a creditor’s identity or address is unknown, the representative must publish notice once a week for three successive weeks in a newspaper of general circulation in the county where probate is filed. Publication must begin within 30 days of appointment. This gives unknown creditors at least three months from the date of first publication to file claims. See M.G.L. c.190B §3-801(b).
3. Deadline for Presenting Claims
• Known creditors: 30 days after personal representative mails notice.
• Unknown creditors: three months from date of first publication.
After these deadlines, claims are barred except for those entitled to priority under M.G.L. c.190B §3-802.
4. Medical Debt Collectors
Medical debt collectors qualify as creditors. If you know the hospital, clinic or collection agency, include them on your known-creditor notice list. If you discover a collector after mailing notices, you may need to send that collector a notice immediately and request allowance of the late claim. Medical debts follow the same filing deadlines; you can object to a late claim under M.G.L. c.190B §3-804 if it is not timely filed.
Helpful Hints
- Create and maintain a comprehensive list of known creditors and their addresses before filing probate.
- Keep proof of mailing (e.g., certified mail receipts) for notices to known creditors.
- Check local newspapers for publication deadlines and choose a paper in the probate venue county.
- Track publication dates precisely to calculate the three-month claims period for unknown creditors.
- If a creditor surfaces after deadlines, consult an attorney about seeking court permission to allow a late claim.
- Document all communications with medical providers and collection agencies to verify claim validity.