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Massachusetts Probate Deadlines: What to File and When

A Massachusetts creditor doesn't just have to speak up within a year — they have to actually sue and serve the personal representative, or file a formal notice, before the clock runs out.

M.G.L. c. 190B, Article III

By the FigureMyTax Editorial Team · How we calculate

Quick answer: the deadline that shapes the whole schedule is the 1-year creditor claim period under § 3-803, running from date of death — but it takes more than a phone call to stop the clock. See the full Massachusetts probate timeline calculator for your specific estimate.

The core deadlines, in order

DeadlineMassachusetts ruleStatute
Voluntary administration eligible30 days after death (small estate track)M.G.L. c. 190B, § 3-1201
Creditor claim period (standard)1 year from date of death — action must be commenced and served, or notice filedc. 190B, § 3-803
MassHealth (Medicaid) claim period3 years from date of deathEstate recovery practice
Probate must be commencedGenerally within 3 years of deathM.G.L. c. 190B, § 3-108
Estate tax return (if over $2M)Form M-706 within 9 monthsM.G.L. c. 65C

"Filing a claim" isn't enough — the creditor has to sue

Worth understanding clearly: under § 3-803(a), a personal representative isn't answerable to a creditor's action unless, within the 1-year window, that action was actually commenced and process was served on (or accepted by) the personal representative — or, short of a lawsuit, a written notice naming the estate, the creditor, the amount, and the court was filed with the register of probate. Simply notifying the executor informally that a debt exists doesn't stop the clock on its own.

The narrow exceptions to the 1-year rule

A handful of claims aren't bound by the standard deadline: mortgage, pledge, or lien enforcement against estate property; personal injury or wrongful death actions (allowed up to 3 years, but collectible only from insurance proceeds, not general estate assets); and compensation owed to the personal representative or their attorney or accountant. MassHealth's Medicaid estate-recovery claim is the exception most families actually encounter, with 3 years instead of 1.

Facing probate in Massachusetts?

A local probate attorney can review your estate — many offer a free consultation.

Talk to a Massachusetts attorney

Massachusetts probate deadlines — frequently asked questions

What exactly must a Massachusetts creditor do within the 1-year window?

More than just presenting a claim: the creditor must commence an action and have process served on or accepted by the personal representative, or file a notice of claim with the register of probate, before the year runs out under M.G.L. c. 190B, Section 3-803.

By when must Massachusetts probate be opened?

Generally within 3 years of the date of death, under M.G.L. c. 190B, Section 3-108, with limited exceptions such as certain late-and-limited procedures and voluntary administration.

When is the Massachusetts estate tax return due?

Form M-706 is due within 9 months of the date of death, for any estate above the $2 million threshold.

Can a Massachusetts creditor still collect after the 1-year deadline passes?

Rarely. A creditor who missed the deadline can petition the Supreme Judicial Court in equity, but recovery requires the court to find the creditor wasn't culpably negligent in missing the window — a high bar. MassHealth and a few other narrow exceptions aren't bound by the 1-year rule in the first place.

Keep going

Massachusetts Probate Timeline CalculatorYour estimate, based on your answers What Delays Probate in MassachusettsBeyond the statutory floor Informal vs Formal ProbateWhich one applies to your estate Massachusetts Probate vs Living TrustWould a trust have avoided this?

Estimate for general guidance only, not legal advice. Based on M.G.L. c. 190B, § 3-803, 3-108, and Massachusetts Department of Revenue practice. Confirm current deadlines with the Probate and Family Court or a licensed Massachusetts attorney.