Section 3-804 Manner of commencement of claims - Massachusetts Statutes

[Text of section added by 2008, 521, Sec. 9 effective July 1, 2011. See 2008, 521, Sec. 44.]

Section 3-804. [Manner of Commencement of Claims.]

(1) A personal representative shall not be held to answer to an action by a creditor of the deceased which is commenced within any other or additional period of limitation for bringing such action provided by or under this chapter unless before the expiration of such period the process in such action has been served by delivery in hand upon the personal representative or service thereof accepted by the personal representative or a notice as aforesaid has been filed with the register.

(2) Claims against a decedent’s estate shall be commenced by a proceeding against the personal representative in any court where the personal representative may be subjected to jurisdiction, to obtain payment of his claim against the estate, but the commencement of the proceeding shall occur within the time limited for presenting the claim. No presentation of claim is required in regard to matters claimed in proceedings against the decedent which were pending at the time of his death.

(3) A special personal representative shall be liable to an action by a creditor of the deceased brought within the period of limitation provided in section 3-803; provided, however, that any such action shall be stayed by the court in which it is brought until such time as a general personal representative has been appointed and said general personal representative has been substituted for said special personal representative as the party defendant.