Detailed Answer
When someone dies in Massachusetts, the personal representative (formerly called an executor) must notify creditors and handle claims against the estate under the Massachusetts Uniform Probate Code. Key statutes include M.G.L. c. 190B § 3-708 (Notice to Creditors) and M.G.L. c. 190B § 3-709 (Bar to Claims).
Step 1: Appointment of a Personal Representative
File a petition for probate in the probate and family court in the county where the decedent lived. Once the court issues Letters of Personal Representative, you can act on behalf of the estate.
Step 2: Publish a Notice to Unknown Creditors
Within 6 months after appointment, publish a notice once a week for three successive weeks in a newspaper in the county of probate. The notice must include the decedent’s name, date of death, the court docket number, and a statement that creditors must present claims.
Step 3: Notify Known Creditors by Mail
Within 3 months after first publication, send written notice by certified mail to any creditor who is known or reasonably ascertainable. Include the amount claimed, the creditor’s name and address, and instructions for filing.
Step 4: Claims Period and Deadlines
- Unknown creditors: barred if not presented within 1 year after date of death (M.G.L. c. 190B § 3-709(a)).
- Known creditors who received notice: must present claims within 3 months after service; otherwise barred (M.G.L. c. 190B § 3-708(b)).
Step 5: Review, Allow, or Object to Claims
Assess each claim’s validity. You may:
- Allow the claim and pay it from estate funds.
- Object by filing a statement of disallowance with the probate court and notifying the creditor.
Step 6: Payment of Valid Claims and Distribution
After the claims period ends and all disputes resolve, pay valid debts. Remaining assets pass to beneficiaries per the will or Massachusetts intestacy rules.
Helpful Hints
- Track all publication dates and mailing receipts to prove compliance.
- Keep a log of every creditor contacted, the amount claimed, and the outcome.
- Use certified mail with return receipt to document notices to known creditors.
- Consider hiring a probate attorney if claims are large or disputed.
- For small estates (personal property under $25,000), you may qualify for summary administration under M.G.L. c. 190B § 3-702.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified Massachusetts probate attorney for advice tailored to your situation.