§ 8-109. Individual liability of personal representative
West's Annotated Code of MarylandEstates and TrustsEffective: October 1, 2019
Effective: October 1, 2019
MD Code, Estates and Trusts, § 8-109
§ 8-109. Individual liability of personal representative
(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.
(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.
Credits
Added by Acts 1974, c. 11, § 2, eff. July 1, 1974. Amended by Acts 1976, c. 273, § 1; Acts 2019, c. 197, § 1, eff. Oct. 1, 2019.
Formerly Art. 21, § 2-104; Art. 93, § 8-109.
MD Code, Estates and Trusts, § 8-109, MD EST & TRST § 8-109
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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