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§ 8-105. Priority of claims

West's Annotated Code of MarylandEstates and TrustsEffective: October 1, 2007 to September 30, 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, 2007 to September 30, 2019
MD Code, Estates and Trusts, § 8-105
§ 8-105. Priority of claims
In general
(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) A preference shall not be given in the payment of a claim over another claim of the same class. A claim due and payable is not entitled to a preference over claims not yet due.


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.
Formerly Art. 93, § 8-105.

Editors' Notes

2007 Legislation
Acts 2007, c. 8, § 1, in subsec. (a)(10), corrected a cross reference.
MD Code, Estates and Trusts, § 8-105, MD EST & TRST § 8-105
Current through all legislation from the 2019 Regular Session of the General Assembly.
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