Massachusetts General Laws
Article III - Probate of Wills and Administration
Section 3-803 - Limitations on Presentation of Claims

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

Massachusetts General Laws

Part II - Real and Personal Property and Domestic Relations

Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts

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 3-106 - Proceedings Within the Exclusive Jurisdiction of Court; Service; Jurisdiction Over Persons

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 3-307 - Informal Appointment Proceedings; Delay in Order; Duty of Magistrate; Effect of Appointment

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 3-408 - Formal Testacy Proceedings; Will Construction; Effect of Final Order in Another Jurisdiction

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 3-601 - Qualification

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 3-703 - General Duties; Relation and Liability to Persons Interested in Estate; Standing to Sue

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 3-713 - Sale, Encumbrance or Transaction Involving Conflict of Interest; Voidable; Exceptions

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 3-811 - Counterclaims

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 3-1001 - Formal Proceedings Terminating Administration; Testate or Intestate; Order of General Protection

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 3-1101 - Effect of Approval of Agreements Involving Trusts, Inalienable Interests, or Interests of Third Persons

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