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§ 5-603. Postpetition procedures

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

West's Annotated Code of Maryland
Estates and Trusts (Refs & Annos)
Title 5. Opening the Estate (Refs & Annos)
Subtitle 6. Small Estates (Refs & Annos)
Effective: October 1, 2019
MD Code, Estates and Trusts, § 5-603
§ 5-603. Postpetition procedures
Determinations on petition
(a) If the register finds that the petition and additional information filed in the proceeding is accurate, the register shall:
(1) Direct that the petitioner serve as personal representative of the small estate and issue additional letters of administration as needed;
(2) Direct the immediate payment of the allowable funeral expenses as provided in § 8-106 of this article and the family allowances provided in § 3-201 of this article;
(3) Direct sale of property as may be necessary to satisfy expenses and allowances; and
(4) If it appears that there will be property remaining after the payments, expenses and allowances, admit a will to probate and direct that notice be given in accordance with subsection (b) of this section.
Notice of proceedings
(b)(1) If the register directs a proceeding in accordance with subsection (a)(4) of this section, unless notice of the appointment of a personal representative appointed under Subtitle 3 or Subtitle 4 of this title has been published one or more times, notice shall be given once in the form required by § 7-103 of this article, but the period within which objection must be made to the action is 30 days from the date of publication of notice and the period within which claims must be filed is the earlier of the following dates:
(i) 6 months after the date of the decedent's death; or
(ii) 30 days 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 creditor's claim will be barred unless the creditor presents the claim within 30 days from the mailing or other delivery of the notice.
(2) In delivering a copy of a notice to the creditor under paragraph (1)(ii) of this subsection, the personal representative shall comply with the provisions of § 7-103.1 of this article.
(3) If the register directs a proceeding in accordance with subsection (a)(4) of this section and if notice of the appointment of a personal representative appointed under Subtitle 3 or Subtitle 4 of this title has been published one or more times, the notice provisions of § 7-103 of this article and the time limits specified therein shall apply.

Credits

Added by Acts 1974, c. 11, § 2, eff. July 1, 1974. Amended by Acts 1982, c. 778; Acts 1987, c. 614; Acts 1988, c. 6, § 1; Acts 1989, c. 496, § 1; Acts 1992, c. 226; Acts 2019, c. 197, § 1, eff. Oct. 1, 2019.
Formerly Art. 93, § 5-603.
MD Code, Estates and Trusts, § 5-603, MD EST & TRST § 5-603
Current through all legislation from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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