Md. Code, Estates and Trusts, Title 8

in effect

Md. Code, Estates and Trusts § 8-101

(a) Except as provided in § 8–104 of this subtitle, a proceeding to enforce a claim against an estate of a decedent may not be revived or commenced before the appointment of a personal representative. (b) After appointment and until the estate is closed, the procedures prescribed by § 8–104 of this subtitle shall be followed. (c) After the estate is closed, a creditor whose claim has not been barred may recover directly from the persons to whom property has been distributed as provided in § 10–102 of this article, or from a former personal representative individually as provided in § 10–103 of this article.

Md. Code, Estates and Trusts § 8-102

(a) Unless a contrary intent is expressly indicated in the will, a claim which was barred by a statute of limitations at the time of the death of the decedent may not be allowed or paid. (b) Subject to § 8-103(a) of this subtitle, a period of limitations which would terminate, except for the death of the decedent, during the period from the death of the decedent until 6 months after the date of the decedent’s death, is automatically extended until 6 months after the date of the decedent’s death.

Md. Code, Estates and Trusts § 8-103

(a) Except as otherwise expressly provided by statute with respect to claims of the United States or the State, a claim against an estate of a decedent, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis, is forever barred against the estate, the personal representative, and the heirs and legatees, unless presented within the earlier of the following dates: (1) 6 months after the date of the decedent’s death; or (2) 2 months after the personal representative mails or otherwise delivers to the creditor a copy of a notice in the form required by § 7–103 of this article or other written notice, notifying the creditor that the claim will be barred unless the creditor presents the claim within 2 months after the mailing or other delivery of the notice. (b) A claim for slander against an estate of a decedent that arose before the death of the decedent is barred even if an action was commenced against and service of process was effected on the decedent before the decedent’s death. (c) A claim against the estate based on the conduct of or a contract with a personal representative is barred unless an action is commenced against the estate within 6 months after the date the claim arose. (d) Nothing in this section shall affect or prevent an action or proceeding to enforce a mortgage, pledge, judgment or other lien, or security interest on property of the estate. (e) If the decedent had been duly served with process before the decedent’s death, nothing in this section shall affect an action for injuries to the person or damage to property that was commenced against the decedent. (f) A claim filed by the Maryland Department of Health against the estate of a deceased Maryland Medical Assistance Program recipient, as authorized under § 15–121(a) of the Health – General Article, is forever barred against the estate, the personal representative, and the heirs and legatees, unless the claim is presented within the earlier of the following dates: (1) 6 months after publication of notice of the first appointment of a personal representative; or (2) 2 months after the personal representative mails or otherwise delivers to the Department’s Division of Medical Assistance Recoveries a copy of a notice in the form required under § 7–103 of this article or other written notice, notifying the Department that the claim shall be barred unless the Department presents its claim within 2 months from the receipt of the notice.

Md. Code, Estates and Trusts § 8-104

(a) Claims against an estate of a decedent may be presented as provided in this section. (b) (1) The claimant may deliver or mail to the personal representative a verified written statement of the claim indicating its basis, the name and address of the claimant, and the amount claimed. (2) If the claim is not yet due, the date when it will become due shall be stated. (3) If the claim is contingent, the nature of the contingency shall be stated. (4) If the claim is secured, the security shall be described. (5) The failure of the claimant to comply with the provisions of this section or with the reasonable requests of the personal representative for additional information may be a basis for disallowance of a claim in the discretion of the court. (c) (1) The claimant may file a verified written statement of the claim, substantially in the following form: “Claim Against Estate of Decedent The below–named creditor certifies that there is due and owing by _____, deceased, in accordance with the statement of account attached as a part of this statement, the sum of ____, together with interest at the rate of ____ from ____ until paid, and that the account is correct as stated and is unpaid. On behalf of the below named creditor, I do solemnly declare and affirm under the penalties of perjury that the information and representations made in the claim and the account are true and correct according to my knowledge, information, and belief. _________________________________ ________________________________________ (Name of creditor) (Signature of creditor or person authorized to make verification on behalf of creditor)” (2) If the claim is filed before the appointment of the personal representative, the claimant may file the claim: (i) With the register in the county in which the decedent was domiciled; or (ii) In any county in which the decedent resided on the date of the decedent’s death or in which real property or a leasehold interest in real property of the decedent is located. (3) If the claim is filed after the appointment of the personal representative, the claimant shall file the claim with the register of the county in which probate proceedings are being conducted and shall deliver or mail a copy of the statement to the personal representative. (d) (1) When a cause survives death, the claimant is not required to file a claim under subsection (b) or (c) of this section. (2) The claimant may commence an action against the estate or against a person to whom property has been distributed, but the commencement of the action shall occur within the time limited for the filing of claims. (e) (1) If the decedent was covered by a liability insurance policy which at the time the action is instituted provides insurance coverage for the occurrence, then, notwithstanding the other provisions of this section, an action against the estate may be instituted after the expiration of the time designated in this section, but within the period of limitations generally applicable to such actions. (2) The existence of insurance coverage is not admissible at the trial of the case and if a verdict is rendered against the estate: (i) The judgment is not limited to the amount of insurance coverage for the occurrence; and (ii) The amount of the judgment that is recoverable from the estate is limited to the amount of the decedent’s liability insurance policy. (3) These provisions permit claims against the Maryland Automobile Insurance Fund, if otherwise proper. (4) The provisions of this subsection may not be construed to limit the rights of a plaintiff to: (i) Proceed against the plaintiff’s insurance carrier; or (ii) Otherwise make a claim under any applicable first party insurance policy.

Md. Code, Estates and Trusts § 8-105

(a) If the applicable assets of the estate are insufficient to pay all claims in full, the personal representative shall make payment in the following order: (1) Fees due to the register; (2) Costs and expenses of administration; (3) Funeral expenses as provided in § 8–106 of this subtitle; (4) Compensation of personal representatives as provided in § 7–601 of this article, for legal services as provided in § 7–602 of this article, and commissions of licensed real estate brokers; (5) Family allowance as provided in § 3–201 of this article; (6) Unpaid child support due by the decedent; (7) Taxes due by the decedent; (8) Reasonable medical, hospital, and nursing expenses of the last illness of the decedent; (9) Rent payable by the decedent for not more than three months in arrears; (10) Wages, salaries, or commission for services performed for the decedent within three months prior to death of the decedent; (11) Assistance paid under the Public Assistance to Adults Program, as provided in § 5–407(d) of the Human Services Article; and (12) All other claims. (b) (1) A preference may not be given in the payment of a claim over another claim of the same class. (2) A claim due and payable is not entitled to a preference over claims not yet due.

Md. Code, Estates and Trusts § 8-106

(a) In this section, “funeral expenses” includes the costs of a funeral, a burial, a cremation, a disposition of the decedent’s remains, a memorial, a memorial service, food and beverages related to bringing together the decedent’s family and friends for a wake or prefuneral or postfuneral gathering or meal, and any other reasonable expenses authorized by the decedent’s will. (b) Subject to the priorities contained in § 8–105 of this subtitle, the personal representative shall pay the funeral expenses of the decedent within six months of the first appointment of a personal representative. (c) (1) Funeral expenses shall be allowed in the discretion of the court according to the condition and circumstances of the decedent. (2) In no event may the allowance exceed $15,000 unless the estate of the decedent is solvent and a special order of court has been obtained. (3) An allowance by the court is not required if the estate is solvent and: (i) The will expressly empowers the personal representative to pay the expenses without an order of court; or (ii) The estate is under modified administration and the personal representative includes the expenses on the final report required under § 5–707 of this article. (d) (1) If the funeral expenses are not paid within 6 months, the creditor may petition the court to require the personal representative to show cause why the personal representative should not be compelled to make the payment. (2) If the court finds that the claim is valid, it shall fix the amount due and shall order the personal representative to make payment within 10 days after the order is served on the personal representative. (3) If the personal representative does not have sufficient funds, the claimant may at a later date resubmit the personal representative’s petition when the personal representative has sufficient funds.

Md. Code, Estates and Trusts § 8-107

(a) If a personal representative intends to disallow, in whole or in part, a claim that has been presented within the appropriate time and in the form prescribed in § 8–104(b) or (c) of this subtitle, the personal representative shall mail notice to each claimant stating: (1) That the claim has been disallowed in whole or in a stated amount; or (2) That the personal representative will petition the court to determine whether the claim should be allowed. (b) (1) If the claim is disallowed in whole or in a stated amount, the claimant is forever barred to the extent of the disallowance unless the claimant files a petition for allowance in the court or commences an action against the personal representative or against one or more of the persons to whom property has been distributed. (2) The action shall be commenced within 60 days after the mailing of notice by the personal representative. (3) The notice shall warn the claimant concerning the time limitation. (c) (1) If no action is taken by the personal representative disallowing a claim in whole or in part under subsection (a) of this section, on the petition of the personal representative or a claimant, the court shall allow or disallow in whole or in part a claim or claims presented to the personal representative or filed with the register in due time and not barred by subsection (a) of this section. (2) Notice in this proceeding shall be given to the claimant, the personal representative, and interested persons as the court directs by order entered at the time the proceeding is commenced. (d) A judgment in an action against a personal representative to enforce a claim against the estate of a decedent is an allowance of the claim.

Md. Code, Estates and Trusts § 8-108

(a) (1) On the expiration of 6 months from the date of the decedent’s death, the personal representative shall pay the claims allowed against the estate in the order of priority prescribed in § 8–105 of this subtitle. (2) The court may extend the time for payment for good cause shown. (3) A person with a valid unbarred claim or with a valid unbarred judgment who has not been paid may petition the court for an order directing the personal representative to pay the claim to the extent that funds of the estate are available for payment. (b) The personal representative may pay, at any time, a just claim that has not been barred, with or without formal presentation, but the personal representative is personally liable to another claimant whose claim is allowed and who is injured by the payment if: (1) The payment was made before the expiration of the time limit stated in subsection (a) of this section and the personal representative failed to require the payee to give adequate security to refund any part of the payment necessary to pay other claimants; or (2) The payment was made in a manner to deprive the injured claimant of the claimant’s priority as a result of negligence or willful fault of the personal representative.

Md. Code, Estates and Trusts § 8-109

(a) The individual liability of a personal representative to third parties arising from the administration of the estate is that of an agent for a disclosed principal, as distinguished from the personal representative’s fiduciary accountability to the estate. (b) A personal representative is not individually liable on contracts properly entered into in the personal representative’s fiduciary capacity in the course of administration of the estate unless the personal representative expressly agrees to be. (c) A personal representative is not individually liable for obligations arising from possession or control of property of the estate or for torts committed in the course of administration of the estate unless the personal representative is personally at fault. (d) Claims based on contracts, obligations, and torts of the types described in subsections (b) and (c) of this section may be allowed against the estate whether or not the personal representative is individually liable. (e) The individual liability of the personal representative to third parties arising from the administration of the estate may be determined in the same proceeding in which a claim by the third party against the estate is considered. (f) If there is doubt whether a claim should be allowed against the estate or against the personal representative as an individual, or both, a court in which a proceeding to enforce the claim is pending shall direct that notice be given to all interested persons and all creditors whose interests will be affected by the result and shall give them an opportunity to be heard. (g) When the court allows a claim against the personal representative individually, the allowance has the same effect as a judgment against the personal representative. (h) (1) A personal representative may appoint a meeting of creditors whose claims have been filed under the provisions of § 8–104(b) or (c) of this subtitle on a day designated by order of the court. (2) Written notice of the time, date, place, and purpose of the meeting shall be given at least 10 days before the date of the meeting. (3) The approval of part or all of the claims of creditors represented at the meeting shall be made under the direction and control of the court, and the payment of a claim as approved by court order shall protect and indemnify the personal representative acting in obedience to it. (4) A court order issued under paragraph (3) of this subsection is subject to appeal. (i) An action may not be brought to charge a personal representative on any special promise to answer damages out of the personal representative’s own estate, unless the contract or agreement on which the action is brought, or some memorandum or note of it, is in writing and signed by the party to be charged, or some other person lawfully authorized by the personal representative.

Md. Code, Estates and Trusts § 8-110

(a) On proof of an unsecured claim that will become due at some future time, and that has not been compromised pursuant to § 7–401 of this article or authority conferred by the will, the court shall direct the investment of an amount that will provide for the payment of the claim when it becomes due. (b) When a creditor holds a security for an allowable claim due at some future time the creditor may rely on the creditor’s rights under § 8–111 of this subtitle or may file a claim as an unsecured claim not yet due, with the right of withdrawing the claim before the taking of action on it, and rely on the creditor’s rights as provided in § 8–111 of this subtitle after the withdrawal.

Md. Code, Estates and Trusts § 8-111

(a) (1) Payment of a secured claim shall be on the basis of the full amount if the creditor shall surrender the creditor’s security. (2) If payment is not made on the basis described in paragraph (1) of this subsection, it shall be made as provided in subsection (b) or (c) of this section. (b) If during administration, the creditor exhausts the security before receiving payment, the creditor is entitled to the full amount of the creditor’s allowed claim less the amount realized on exhausting the security. (c) If the creditor has not then exhausted, or does not have the right to exhaust the creditor’s security, the creditor is entitled to the full amount of the creditor’s allowed claim less the value of the security determined by agreement, or as the court determines.

Md. Code, Estates and Trusts § 8-112

(a) (1) If a contingent claim becomes absolute before the distribution of the estate, the contingent claim shall be paid in the same manner as absolute claims of the same class. (2) In other cases, if a petition is filed with the court by the personal representative or the claimant, the court may provide for payment in the manner provided in subsections (b), (c), (d), or (e) of this section. (b) The creditor and personal representative may determine, by agreement, arbitration, or compromise, the value of the claim according to its probable present worth, and, on approval by the court, the value of the claim may be allowed and paid in the same manner as an absolute claim. (c) The court may order the personal representative to make distribution of the estate except for sufficient funds retained to pay the claim if and when it becomes absolute. (d) (1) The court may order distribution of the estate as though the contingent claim did not exist, but the distributees are liable to the creditor to the extent of the estate received by them, if the contingent claim becomes absolute. (2) The court may require the distributees to give bond for the satisfaction of their liability to the contingent creditor. (e) The court may order another method.

Md. Code, Estates and Trusts § 8-113

In allowing a claim the personal representative may deduct a counterclaim which the estate has against the claimant.

Md. Code, Estates and Trusts § 8-114

(a) An execution or a levy may not issue nor be made against property of the estate under a judgment against a decedent or a personal representative. (b) The provisions of this section do not apply to the enforcement of mortgages, pledges, liens, or other security interests on property in an appropriate proceeding.

Md. Code, Estates and Trusts § 8-115

The proceeds of a life insurance policy, annuity contract, or any money payable by a fraternal benefit society are exempt from claims in accordance with the provisions of §§ 8-431 and 16-111 of the Insurance Article.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026