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§ 8-106. Payment of funeral expenses

West's Annotated Code of MarylandEstates and TrustsEffective: October 1, 2019

West's Annotated Code of Maryland
Estates and Trusts (Refs & Annos)
Title 8. Claims of Creditors (Refs & Annos)
Subtitle 1. General (Refs & Annos)
Effective: October 1, 2019
MD Code, Estates and Trusts, § 8-106
§ 8-106. Payment of funeral expenses
Currentness
Scope of funeral expenses
(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.
Payment of expenses by personal representative
(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.
Allowance of expenses according to condition and circumstances of decedent
(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.
Failure of personal representative to pay funeral expenses
(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.

Credits

Added by Acts 1974, c. 11, § 2, eff. July 1, 1974. Amended by Acts 1983, c. 162; Acts 1988, c. 237; Acts 1991, c. 636; Acts 1997, c. 693, § 1, eff. Jan. 1, 1998; Acts 2005, c. 107, § 1, eff. Oct. 1, 2005; Acts 2012, c. 226, § 1, eff. Oct. 1, 2012; Acts 2012, c. 227, § 1, eff. Oct. 1, 2012; Acts 2015, c. 443, § 1, eff. Oct. 1, 2015; Acts 2019, c. 197, § 1, eff. Oct. 1, 2019.
Formerly Art. 93, § 8-106.
MD Code, Estates and Trusts, § 8-106, MD EST & TRST § 8-106
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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