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§ 8-103. Time for presentment of claims

West's Annotated Code of MarylandEstates and Trusts

West's Annotated Code of Maryland
Estates and Trusts (Refs & Annos)
Title 8. Claims of Creditors (Refs & Annos)
Subtitle 1. General (Refs & Annos)
MD Code, Estates and Trusts, § 8-103
§ 8-103. Time for presentment of claims
In general
(a) Except as otherwise expressly provided by statute with respect to claims of the United States and the State, all claims against an estate of a decedent, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis, are forever barred against the estate, the personal representative, and the heirs and legatees, unless presented within the earlier of the following dates:
(1) 6 months after the date of the decedent's death; or
(2) 2 months 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 his claim will be barred unless he presents the claim within 2 months from the mailing or other delivery of the notice.
Claims for slander against estate
(b) A claim for slander against an estate of a decedent which arose before the death of the decedent is barred even if an action was commenced against and service of process was effected on the decedent before his death.
Claims against estate relating to personal representative
(c) A claim against the estate based on the conduct of or a contract with a personal representative is barred unless an action is commenced against the estate within six months of the date the claim arose.
Enforcement of mortgages, pledges, judgments, or other liens
(d) Nothing in this section shall affect or prevent an action or proceeding to enforce a mortgage, pledge, judgment or other lien, or security interest upon property of the estate.
Actions for injuries to the person or damage to property
(e) If the decedent had been duly served with process before his death, nothing in this section shall affect an action for injuries to the person and/or damage to property which was commenced against the decedent.
Claims against estate of deceased Maryland Medical Assistance Program recipient
(f) A claim filed by the Maryland Department of Health against the estate of a deceased Maryland Medical Assistance Program recipient, as authorized under § 15-121(a) of the Health--General Article, is forever barred against the estate, the personal representative, and the heirs and legatees, unless the claim is presented within the earlier of the following dates:
(1) 6 months after publication of notice of the first appointment of a personal representative; or
(2) 2 months after the personal representative mails or otherwise delivers to the Department's Division of Medical Assistance Recoveries a copy of a notice in the form required under § 7-103 of this article or other written notice, notifying the Department that the claim shall be barred unless the Department presents its claim within 2 months from the receipt of the notice.

Credits

Added by Acts 1974, c. 11, § 2, eff. July 1, 1974. Amended by Acts 1989, c. 496, § 1; Acts 1992, c. 226; Acts 1997, c. 586, § 1, eff. Oct. 1, 1997; Acts 1998, c. 21, § 1, eff. April 14, 1998; Acts 2005, c. 444, § 1, eff. July 1, 2005; Acts 2017, c. 62, § 6.
Formerly Art. 93, § 8-103.

Editors' Notes

HISTORICAL AND STATUTORY NOTES
2005 Legislation
Acts 2005, c. 444, § 1, in subsec. (f)(1), inserted “publication of notice of”.
Acts 2005, c. 444, § 36, provides:
“SECTION 36. AND BE IT FURTHER ENACTED, That if any provision of this Act or the application thereof to any person or circumstance is held invalid for any reason in a court of competent jurisdiction, the invalidity does not affect other provisions or any other application of this Act which can be given effect without the invalid provision or application, and for this purpose the provisions of this Act are declared severable.”
2017 Legislation
Acts 2017, c. 62, § 6, in (f), substituted “Maryland Department of Health” for “Department of Health and Mental Hygiene”.
MD Code, Estates and Trusts, § 8-103, MD EST & TRST § 8-103
Current through all legislation from the 2017 Regular Session of the General Assembly
End of Document© 2017 Thomson Reuters. No claim to original U.S. Government Works.