Executor Duties in Massachusetts
What an executor (personal representative) must do in Massachusetts: getting letters, notifying creditors, inventory, paying debts and closing the estate.
Short answer: Within 3 months after appointment, the personal representative must prepare an inventory of the decedent's property at fair market value as of the date of death, with any encumbrances, and file it with the court or mail it to all interested persons. M.G.L. c. 190B, §§ 3-706, 3-803, 3-1001
| Executor's duties | Within 3 months after appointment, the personal representative must prepare an inventory of the decedent's property at fair market value as of the date of death, with any encumbrances, and file it with the court or mail it to all interested persons. Creditors generally must bring an action against the personal representative within 1 year after the date of death (with notice filed with the register). The estate can be closed by a petition for an order of complete settlement, which may ask the court to approve the final account, determine heirs and approve distribution, and discharge the personal representative. |
|---|---|
| Letters testamentary | To act for an estate, a personal representative must be appointed by order of the Probate and Family Court or a magistrate, qualify, and be issued letters; administration begins when letters are issued. Before receiving letters, the personal representative must accept the appointment and qualify by filing a bond with the court. Appointment may be informal or by formal petition in the county where the decedent lived. Qualification: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B/Section3-601. The statute also refers to 'letters testamentary or letters of administration' (§ 3-1201). Source: M.G.L. c. 190B, §§ 3-103, 3-601 |
| Deadline for creditor claims | A creditor of the deceased generally must start a lawsuit against the personal representative within 1 year after the date of death, and serve the personal representative (or file a notice of the claim with the register) within that year. Exceptions include enforcing a mortgage or other lien on estate property and certain personal injury claims limited to insurance proceeds. Source: M.G.L. c. 190B, § 3-803 |
More Massachusetts estate law
- Medical Power of Attorney in Massachusetts
- Small Estate Affidavit in Massachusetts
- Power of Attorney in Massachusetts
- Quitclaim Deeds and Transferring Property in Massachusetts
- Who Inherits If You Die Without a Will in Massachusetts
- How to Make a Valid Will in Massachusetts
- How Probate Works in Massachusetts
- Living Wills and Advance Directives in Massachusetts
- Revocable Living Trusts in Massachusetts
- Letters Testamentary in Massachusetts
- Affidavit of Heirship in Massachusetts
- How to Avoid Probate in Massachusetts
- Transferring a Car After Someone Dies in Massachusetts
- All Massachusetts wills, probate and estate rules
FAQ
What does an executor have to do in Massachusetts?
Within 3 months after appointment, the personal representative must prepare an inventory of the decedent's property at fair market value as of the date of death, with any encumbrances, and file it with the court or mail it to all interested persons. Creditors generally must bring an action against the personal representative within 1 year after the date of death (with notice filed with the register). The estate can be closed by a petition for an order of complete settlement, which may ask the court to approve the final account, determine heirs and approve distribution, and discharge the personal representative.
How do I get letters testamentary in Massachusetts?
To act for an estate, a personal representative must be appointed by order of the Probate and Family Court or a magistrate, qualify, and be issued letters; administration begins when letters are issued. Before receiving letters, the personal representative must accept the appointment and qualify by filing a bond with the court. Appointment may be informal or by formal petition in the county where the decedent lived.
How long do creditors have to file claims against an estate in Massachusetts?
A creditor of the deceased generally must start a lawsuit against the personal representative within 1 year after the date of death, and serve the personal representative (or file a notice of the claim with the register) within that year. Exceptions include enforcing a mortgage or other lien on estate property and certain personal injury claims limited to insurance proceeds.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.