•   Email
  •   Print
Serving
Massachusetts Agencies

Administration of Old Estates

Probate

Administration shall not be originally granted after the expiration of fifty years from the death of the testator or intestate, except in cases expressly authorized by law; provided, that if more than twenty years shall have elapsed between the date of death of the decedent and the filing after January first, nineteen hundred and fifty-two, of a petition for administration on his estate the rights of creditors of the decedent and the administrator under license of court or otherwise to deal with real estate of the decedent shall be subject to any rights acquired by conveyance, mortgage or other instrument in writing from or through any heir-at-law of the decedent recorded before the filing of said petition and to any rights established by a court of competent jurisdiction in a proceeding filed before the filing of said petition for administration.

Note that licenses granted in estates of persons dying more than twenty years before the filing of the petition for administration will not disturb or displace titles of persons claiming under the decedent where those titles have been "acquired by conveyance, mortgage or other instrument in writing from or through any heir-at-law of the decedent recorded before the filing of said petition."