Legal Question in Wills and Trusts in Massachusetts

1. What are the necessary elements (eg. copy of death certificate) in a Death Notice to creditors of the estate, esp. Credit Card Cos.(I am the son)

2. Can I send this notice after filing for probate, but before actually receiving my actual papers of Administration? (eg. by sending Death Notice with Court and Docket no. info, or should I send copy of my court filing?)


Asked on 11/15/10, 10:29 am

2 Answers from Attorneys
John Harmon The Law Office of John W. Harmon

Every Creditor is different on how they would like to receive notice. You can call them and see what they prefer. When you probate the estate, the court will give you a notice to publish in the paper, to cover all the creditors you do not know about. You may have to file with the IRS, depending on the estate.

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Answered on 11/20/10, 10:46 am
Alexandra Golden Golden Law Center

There is no requirement to directly send notice to any creditor -- that is accomplished by publication in the newspaper. While you need to settle the decedent's debts, you have no legal authority to do so until after your appointment, so I would not contact any of them until after you have the appointment in hand.

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Answered on 11/20/10, 10:57 am


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