Suing An Estate Executor For Dummies In Massachusetts
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FAQ
The statute of limitations to contest a will varies by state and is typically between three months and two years. If the claim involves fraud, the statute of limitations often begins running on the date the fraud is discovered.
In Massachusetts, this involves publishing a legal notice in a local newspaper and sending notices directly to known creditors. Creditors have one year from the date of death to file a claim against the estate.
Under Massachusetts law (MA Gen L ch 190B § 3-803), creditors have one year from the date of the decedent's death to assert their claims against the estate. This is a shorter time frame than in many other states, which often allow creditors two or more years to make their claims.
In general, executors are expected to distribute assets within several months to a year, though larger or contested estates may take longer. Probate courts often set deadlines for filings, but final distribution typically occurs only after debts, taxes and administrative expenses are settled.
If not so resolved, any will probated informally becomes final, and if there is no such probate, the status of the decedent as intestate is finally determined, by a statute of limitations which bars probate and appointment unless requested within three years after death.
Executors are required to keep beneficiaries reasonably informed about the status of estate administration — a duty which generally includes accounting. For this reason, if an executor is doing their job, it usually won't be necessary for beneficiaries to request an estate accounting.
In general, executors are expected to distribute assets within several months to a year, though larger or contested estates may take longer.
Tax Optimization: One reason an executor might choose to forego explicit compensation is that executor compensation is taxable, while inheritances are generally not taxable.
