Thursday, Jan. 12, 2017
MBA-backed probate bill signed into law
Governor Charlie Baker signed Massachusetts Bar
Association-backed legislation into law on Jan. 5, which corrects a
procedural omission from the Massachusetts Probate Code (MPC). This
law will allow a court action to proceed against a decedent's
estate whether or not a personal representative is appointed under
A 1993 amendment to G.L. c. 197 §9a, proposed by the MBA, added
a second paragraph to the section allowing a claim to be pursued
against a decedent's estate whether or not an executor or
administrator was appointed. When the MPC was enacted, this portion
of the statute was omitted, creating a problem for uninjured
parties to proceed in a tort action against the decedent within the
three year statute of limitations.
The full text of the law is available here.