Massachusetts Executive Office of Labor and Workforce Development, Department of Unemployment Assistance (DUA)
Massachusetts · Unemployment
mass.gov/orgs/department-of-unemployment-assistanceState Unemployment Benefits in Massachusetts
The Massachusetts Department of Unemployment Assistance administers unemployment insurance for the Commonwealth. Benefits due a claimant who dies are governed by M.G.L. c. 151A, § 68: where no petition to administer the estate has been filed within 30 days of the death, the DUA commissioner may pay the benefits due to the person the commissioner finds entitled to them, and that payment is as valid as one made to the estate’s legal representative.
Steps to take when someone dies
- •the estate’s legal representative, if one has been appointed;
- •or, where no petition to administer the estate has been filed within 30 days of the death, the person the DUA commissioner finds entitled under M.G.L. c. 151A § 68.
State Unemployment Benefits in Massachusetts: key facts
What Massachusetts says5
- Reporting a death
A death is reported by phone to the DUA Call Center, Monday through Thursday, 8:30 a.m. to 4:30 p.m.1
- Benefits at and after the death
Under M.G.L. c. 151A § 68, where no petition to administer the estate has been filed within 30 days after the death, the DUA commissioner may pay benefits due the deceased claimant to the person the commissioner finds entitled to them.2
Under § 68, that payment is as valid as if made to the estate’s legal representative.2
Weekly eligibility under M.G.L. c. 151A § 24(b) requires the claimant to be capable of, available for, and actively seeking work in the week claimed, so only weeks the claimant qualified for before death can be paid.3
- Who may claim a final payment
If a personal representative has been appointed, benefits due are payable to that legal representative.2
- Overpayments
A payment the claimant was not entitled to is an erroneous payment, which DUA may recover by civil action or deduct from future benefits under M.G.L. c. 151A § 69(a).4
Under § 69(c), the commissioner may waive recovery from a person who is without fault where recovery would be against equity and good conscience.4
- Claimant portal
Claimants use Unemployment Services for Workers, at unemployment.mass.gov.1
Governing law: M.G.L. c. 151A, s. 68 (payment of benefits due a deceased person)
Deadlines1
- Petition to administer the estate
within 30 days of the death; where none is filed, the DUA commissioner may pay benefits due to the person the commissioner finds entitled to them2
Massachusetts unemployment benefits
Massachusetts Executive Office of Labor and Workforce Development, Department of Unemployment Assistance (DUA)
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Tools for Settling an Estate in Massachusetts
Free tools for settling an estate in Massachusetts: whether probate is needed, executor and trustee pay, creditor deadlines, and inheritance taxes.
How Do I Settle an Estate?
Settling an estate in Massachusetts: the personal representative files the estate inventory within 90 daysMGL c. 190B §§ 3-706, 3-707, 3-708Verified Sep 15, 2026View source of appointment; creditors have 12 monthsMGL c. 190B §§ 3-306, 3-801, 3-803, 3-804, 3-805, 3-806Verified Oct 18, 2026View source to present claims; a simple estate closes in 6 months to 9 months.
Do I Have to File Tax Returns for Someone Who Died?
Massachusetts requires a final state income tax return for the decedent alongside the federal Form 1040M.G.L. c. 62, § 4(b), (d); Mass. Const. Amend. Art. XLIV, as amended by Amend. Art. CXXI (Fair Share Amendment)Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
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