Skip to Content
The 190th General Court of the Commonwealth of Massachusetts

AN ACT CORRECTING A PROCEDURAL OMISSION REGARDING ACTIONS AGAINST CERTAIN DECEDENTS UNDER THE UNIFORM PROBATE CODE.

     Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows:
     SECTION 1.  Subsection (d) of section 3-803 of chapter 190B, as appearing in the 2014 Official Edition, is hereby amended by striking out clause (2) and inserting in place thereof the following clause:-
     (2) an action for personal injury or death, if commenced more than 1 year after the date of death of the decedent, brought against the personal representative; provided further, that the action is commenced not later than 3 years after the cause of action accrues; and provided further, that a judgment recovered in that action shall only be satisfied from the proceeds of a policy of liability bond or liability insurance, if any, and not from the general assets of the estate; and provided further, that if a personal representative has not been appointed, then an action otherwise allowed pursuant to this chapter may be maintained without such appointment, and shall be maintained naming the decedent as the defendant; and provided further, that in that event any service of process that may be necessary shall be made upon the entity providing the insurance or bond.
     SECTION 2.  Section 1 shall apply to all actions accruing on or after March 31, 2012.

Approved, January 5, 2017