Section 3–803. [Limitations on Presentation of Claims.]
(a) Except as provided in this chapter, a personal representative shall not be held to answer to an action by a creditor of the deceased unless such action is commenced within 1 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 personal representative 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 with the register.
(b) A trustee of a trust, the assets of which are subject as a matter of substantive law to being reached by creditors of the deceased shall not be held to answer to an action by a creditor of the deceased unless such action is commenced against such trustee or against the personal representative of the deceased within the time and in the manner provided in subsection (a). Such trustee shall have immunity from personal liability to a creditor or the deceased in the same manner as a personal representative has, pursuant to section 3–807.
(c) A claim described in subsections (a) or (b) which is barred by statute of the decedent's domicile before the limitation in the commonwealth is barred in the commonwealth.
(d) Nothing in this section affects or prevents:
(1) any proceeding to enforce any mortgage, pledge, or other lien upon property of the estate;
[Clause (2) of subsection (d) applicable to actions accruing on or after March 31, 2012. See 2016, 364, Sec. 2.]
(2) an action for personal injury or death, if commenced more than 1 year after the date of death of the decedent, brought against the personal representative; provided further, that the action is commenced not later than 3 years after the cause of action accrues; and provided further, that a judgment recovered in that action shall only be satisfied from the proceeds of a policy of liability bond or liability insurance, if any, and not from the general assets of the estate; and provided further, that if a personal representative has not been appointed, then an action otherwise allowed pursuant to this chapter may be maintained without such appointment, and shall be maintained naming the decedent as the defendant; and provided further, that in that event any service of process that may be necessary shall be made upon the entity providing the insurance or bond.
(3) collection of compensation for services rendered and reimbursement for expenses advanced by the personal representative or by the attorney or accountant for the personal representative of the estate.
(e) If the supreme judicial court, upon a complaint in equity filed by a creditor whose claim has not been prosecuted within the time limited by subsections (a) or (b), deems that justice and equity require it and that such creditor is not chargeable with culpable neglect in not prosecuting his claim within the time so limited, it may give him judgment for the amount of his claim against the estate of the deceased person, provided forthwith upon the filing of the complaint a notice such as provided in subsection (a) has been filed in the proper registry of probate; but such judgment shall not affect any payment or distribution made before the filing of such complaint and notice.
(f) If a deceased received medical assistance under chapter 118E when such deceased was 55 years of age or older or while an inpatient in a nursing facility or other medical institution, section 32 of chapter 118E shall govern the notice to be given to the division of medical assistance and such division's claim for recovery under section 31 of said chapter 118E if the division so chooses.
Structure Massachusetts General Laws
Part II - Real and Personal Property and Domestic Relations
Chapter 190b - Massachusetts Uniform Probate Code
Article III - Probate of Wills and Administration
Section 3-101 - Devolution of Estate at Death; Restrictions
Section 3-102 - Necessity of Order of Probate for Will
Section 3-103 - Necessity of Appointment for Administration
Section 3-104 - Claims Against Decedent; Necessity of Administration
Section 3-105 - Proceedings Affecting Devolution and Administration
Section 3-107 - Scope of Proceedings; Proceedings Independent; Exception
Section 3-108 - Probate, Testacy and Appointment Proceedings; Ultimate Time Limit
Section 3-109 - Statutes of Limitation on Decedent's Cause of Action
Section 3-201 - Venue for First and Subsequent Estate Proceedings; Location of Property
Section 3-202 - Appointment or Testacy Proceedings; Conflicting Claim of Domicile in Another State
Section 3-203 - Priority Among Persons Seeking Appointment as Personal Representative
Section 3-205 - Judge or Register as Personal Representative
Section 3-301 - Informal Probate or Appointment Proceedings; Petition; Contents
Section 3-302 - Informal Probate; Duty of Magistrate; Effect of Informal Probate
Section 3-303 - Informal Probate; Proof and Findings Required
Section 3-304 - Informal Probate; Unavailable in Certain Cases
Section 3-305 - Informal Probate; Magistrate Not Satisfied
Section 3-306 - Informal Probate; Notice Requirements
Section 3-308 - Informal Appointment Proceedings; Proof and Findings Required
Section 3-309 - Informal Appointment Proceedings; Magistrate Not Satisfied
Section 3-311 - Informal Appointment Unavailable in Certain Cases
Section 3-401 - Formal Testacy Proceedings; Nature; When Commenced
Section 3-402 - Formal Testacy or Appointment Proceedings; Petition; Contents
Section 3-403 - Formal Testacy Proceedings; Notice of Hearing on Petition
Section 3-405 - Formal Testacy Proceedings; Uncontested Cases; Hearings and Proof
Section 3-406 - Formal Testacy Proceedings; Contested Cases; Testimony of Attesting Witnesses
Section 3-409 - Formal Testacy Proceedings; Order; Foreign Will
Section 3-410 - Formal Testacy Proceedings; Probate of More Than One Instrument
Section 3-411 - Formal Testacy Proceedings; Partial Intestacy
Section 3-412 - Formal Testacy Proceedings; Effect of Order; Vacation
Section 3-413 - Formal Testacy Proceedings; Vacation of Order for Other Cause
Section 3-414 - Formal Proceedings Concerning Appointment of Personal Representative
Section 3-501 - Supervised Administration; Nature of Proceeding
Section 3-502 - Supervised Administration; Petition; Order
Section 3-503 - Supervised Administration; Effect on Other Proceedings
Section 3-504 - Supervised Administration; Powers of Personal Representative
Section 3-505 - Supervised Administration; Interim Orders; Distribution and Closing Orders
Section 3-602 - Acceptance of Appointment; Consent to Jurisdiction
Section 3-603 - Bond Without Sureties
Section 3-604 - Bond With Sureties; Procedure; Reduction
Section 3-605 - Demand for Sureties by Interested Person
Section 3-606 - Terms and Conditions of Bonds
Section 3-607 - Order Restraining Personal Representative
Section 3-608 - Termination of Appointment; General
Section 3-609 - Termination of Appointment; Death or Disability
Section 3-610 - Resignation by Personal Representative
Section 3-611 - Termination of Appointment by Removal; Cause; Procedure
Section 3-612 - Termination of Appointment; Change of Testacy Status
Section 3-613 - Successor Personal Representative
Section 3-614 - Special Representative; Appointment
Section 3-615 - Special Representative; Who May Be Appointed
Section 3-617 - Special Representative; Formal Proceedings; Power and Duties
Section 3-618 - Termination of Appointment; Special Representative
Section 3-701 - Time of Accrual of Duties and Powers
Section 3-702 - Priority Among Different Letters
Section 3-704 - Personal Representative to Proceed Without Court Order; Exception
Section 3-706 - Duty of Personal Representative; Inventory and Appraisement
Section 3-707 - Employment of Appraisers
Section 3-709 - Duty of Personal Representative; Possession of Estate
Section 3-710 - Power to Avoid Transfers
Section 3-712 - Improper Exercise of Power; Breach of Fiduciary Duty
Section 3-714 - Persons Dealing With Personal Representative; Protection
Section 3-715 - Transactions Authorized for Personal Representatives; Exceptions
Section 3-716 - Powers and Duties of Successor Personal Representative
Section 3-717 - Co-Representatives; When Joint Action Required
Section 3-718 - Powers of Surviving Personal Representative
Section 3-719 - Compensation of Personal Representative
Section 3-720 - Expenses in Estate Litigation
Section 3-802 - Statute of Limitations
Section 3-803 - Limitations on Presentation of Claims
Section 3-804 - Manner of Commencement of Claims
Section 3-805 - Classification of Claims
Section 3-806 - Allowance of Claims
Section 3-807 - Payment of Claims
Section 3-808 - Individual Liability of Personal Representative
Section 3-809 - Secured Claims
Section 3-810 - Claims Not Due and Contingent or Unliquidated Claims
Section 3-812 - Execution and Levies Prohibited
Section 3-813 - Compromise of Claims
Section 3-814 - Encumbered Assets
Section 3-815 - Administration in More Than One State; Duty of Personal Representative
Section 3-816 - Final Distribution to Domiciliary Representative
Section 3-901 - Successors' Rights if No Administration
Section 3-902 - Distribution; Order in Which Assets Appropriated; Abatement
Section 3-903 - Right of Retainer
Section 3-904 - Interest on General Pecuniary Devise
Section 3-906 - Distribution in Kind; Valuation; Method
Section 3-907 - Distribution in Kind; Evidence
Section 3-908 - Distribution; Right or Title of Distributee
Section 3-909 - Improper Distribution; Liability of Distributee
Section 3-912 - Private Agreements Among Successors to Decedent Binding on Personal Representative
Section 3-913 - Distributions to Trustee
Section 3-914 - Disposition of Unclaimed Assets
Section 3-915 - Distribution to Person Under Disability
Section 3-916 - Apportionment of Estate Taxes
Section 3-917 - Partial Distribution
Section 3-1003 - Closing Estates; by Sworn Statement of Personal Representative
Section 3-1004 - Liability of Distributees to Claimants
Section 3-1005 - Limitations on Proceedings Against Personal Representative
Section 3-1006 - Limitations on Actions and Proceedings Against Distributees
Section 3-1102 - Procedure for Securing Court Approval of Compromise
Section 3-1103 - Non-Resident Beneficiaries; Payment of Trust Fund to Foreign Trustee
Section 3-1201 - Collection of Personal Property by Affidavit
Section 3-1202 - Effect of Affidavit
Section 3-1203 - Small Estates; Summary Administration Procedure
Section 3-1204 - Small Estates; Closing by Sworn Statement of Personal Representative