(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) Taxes due by the decedent;
(7) Reasonable medical, hospital, and nursing expenses of the last illness of the decedent;
(8) Rent payable by the decedent for not more than three months in arrears;
(9) Wages, salaries, or commission for services performed for the decedent within three months prior to death of the decedent;
(10) Assistance paid under the Public Assistance to Adults Program, as provided in § 5-407(d) of the Human Services Article; and
(11) All other claims.
Multiple claims in same class
(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.
Credits
Added by Acts 1974, c. 11, § 2, eff. July 1, 1974. Amended by Acts 1988, c. 563, § 5; Acts 1989, c. 5, § 1; Acts 2007, c. 8, § 1, eff. Oct. 1, 2007; Acts 2019, c. 197, § 1, eff. Oct. 1, 2019.
Formerly Art. 93, § 8-105.
MD Code, Estates and Trusts, § 8-105, MD EST & TRST § 8-105
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.