Legal Question in Wills and Trusts in Massachusetts

Re: claims against estate

One year from the date of death.

"Chapter 197: Section 2 Time of payment

Section 2. If an executor or administrator shall not within six months after the date of death of the deceased have had notice of demands against the estate of the deceased sufficient to warrant him to represent such estate to be insolvent, he may, after the expiration of said six months, pay the debts due from the estate and shall not be personally liable to any creditor in consequence for such payments made before notice of such creditor's demand; and if such executor or administrator shall be in doubt as to the validity of any debt which, if valid, he would have a right to pay under this section, he may, with the approval of the probate court, after notice to all persons interested, pay such debt or so much thereof as the court may authorize."

Debts that are known must be paid within 6 months. If there are debts that cannot be liquidated (i.e., the amount is not known), it will take longer.

"Chapter 197: Section 9 Commencement of action; service of process; action against trustee; recovery of medical assistance payments

Section 9. (a) Except as provided in this chapter, an executor or administrator shall not be held to answer to an action by a creditor of the deceased unless such action is commenced within one year after the date of death of the deceased and unless, before the expiration of such period, the process in such action has been served by delivery in hand upon such executor or administrator or service thereof accepted by him or a notice stating the name of the estate, the name and address of the creditor, the amount of the claim and the court in which the action has been brought has been filed in the proper registry of probate."

A creditor has one year to make a claim. It must be made as required by the statute, i.e., served on the estate administrator in hand and filed in the probate court where the probate is pending.