Mass. General Laws c.190B § 3-104

Claims against decedent; necessity of administration

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This is an unofficial version of a Massachusetts General Law.

Section 3-104

No proceeding to enforce a claim against the estate of a decedent or a decedent's successors may be revived or commenced before the appointment of a personal representative. After the appointment and until distribution, all proceedings and actions to enforce a claim against the estate are governed by the procedure prescribed by this article. After distribution a creditor whose claim has not been barred may recover from the distributees as provided in section 3–1004 or from a former personal representative individually liable as provided in section 3–1005. This section has no application to a proceeding by a secured creditor of the decedent to enforce a right to the security except as to any deficiency judgment which might be sought therein.

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