Home Table of Contents

RULE 6-413. CLAIM AGAINST DECEDENT--PROCEDURE

West's Annotated Code of MarylandMaryland RulesEffective: July 1, 2021

West's Annotated Code of Maryland
Maryland Rules
Title 6. Settlement of Decedents' Estates
Chapter 400. Administration of Estates
Effective: July 1, 2021
MD Rules, Rule 6-413
RULE 6-413. CLAIM AGAINST DECEDENT--PROCEDURE
(a) Presentation of Claim.
(1) A claimant may make a claim against the estate, within the time allowed for presenting claims, (A) by serving it on the personal representative, (B) by filing it with the register and serving a copy on the personal representative, or (C) by filing suit. If the claim is filed prior to the appointment of the personal representative, the claimant may file the claim with the register in the county in which the decedent was domiciled or in any county in which the decedent resided on the date of the decedent's death or in which real property or a leasehold interest in real property of the decedent is located.
(2) Except in a small estate proceeding, a claim properly presented under this Rule preserves a claim against property of a trust that was revocable at the death of the decedent-settlor, subject to disallowance pursuant to section (f).
Cross reference: See Code, Estates and Trusts Article, § 14.5-508 (b)(1) for preservation of claims against revocable trust property.
(b) Content of Claim. A claim against the decedent's estate shall indicate (1) the basis of the claim, (2) the name and address of the claimant, (3) the amount claimed, (4) if the claim is not yet due, the date when it will become due, (5) if the claim is contingent, the nature of the contingency, and (6) if the claim is secured, a description of the security. Unless the claim is made by filing suit, it shall be verified.
(c) Form of Claim. A claim against a decedent's estate may be filed or made substantially in the following form:
In the Estate of:
Estate No.
 
 
Date
 
CLAIM AGAINST DECEDENT'S ESTATE
The claimant certifies that there is due and owing by the decedent in accordance with the attached statement of account or other basis for the claim the sum of $ __________.
I solemnly affirm under the penalties of perjury that the contents of the foregoing claim are true to the best of my knowledge, information, and belief.
 
 
Name of Claimant
Signature of claimant or person
authorized to make verifications
on behalf of claimant
 
 
Name and Title of Person
Signing Claim
Address
 
 
Telephone Number
CERTIFICATE OF SERVICE
I hereby certify that on this ___ day of __________ (month), ___ (year), I [ ] delivered or [ ] mailed, first class, postage prepaid, a copy of the foregoing Claim to the personal representative,
 
(name and address)
 
Signature of Claimant
Instructions:
1. This form may be filed with the Register of Wills upon payment of the filing fee provided by law. A copy must also be sent to the personal representative by the claimant.
2. If a claim is not yet due, indicate the date when it will become due. If a claim is contingent, indicate the nature of the contingency. If a claim is secured, describe the security.
(d) Notice to Trustee of Revocable Trust.
(1) If the personal representative has knowledge of the existence of a revocable trust for which the decedent was settlor, the personal representative shall notify the trustee of the existence of a claim.
(2) Prior to allowance of a claim in whole or in part, the personal representative shall notify the trustee of the intended allowance. A trustee who wishes to dispute the allowance shall petition the court to intervene within 20 days after receipt of the notice.
(e) Disallowance of Claim or Petition for Determination of Validity. If the claim or any part thereof is not to be allowed, the personal representative shall either disallow the claim in whole or in part in the manner provided by section (f) of this Rule, or petition the court for determination of the validity of the claim.
(f) Form of Disallowance of Claim. Upon disallowing a claim, the personal representative shall file with the register and mail to the claimant and the trustee of each revocable trust known to the personal representative for which the decedent was settlor a notice in the following form:
[CAPTION]
NOTICE OF DISALLOWANCE
Your claim has been allowed in the amount of $ __________ and disallowed in the amount of $ __________. Your claim in the amount disallowed will be forever barred against the estate and any revocable trust of the decedent-settlor unless within 60 days after the mailing of this notice you file a petition for allowance of the disallowed amount in the Orphans' Court or a suit against the personal representative. If your claim has not been filed timely pursuant to the Code, Estates and Trusts Article, § 8-103, your claim will not be paid and it is forever barred.
 
Personal Representative
CERTIFICATE OF SERVICE
I certify that the disallowance of claim was mailed, postage prepaid, this __________ day of __________ (month), ___ (year), to __________, claimant, at __________.
 
Personal Representative/Attorney
 
Name (printed)
 
 
Address
 
Telephone Number
(g) Claimant's Petition.
(1) No Action Taken. If no action has been taken by the personal representative disallowing the claim in whole or in part, the claimant or trustee of a revocable trust of the decedent-settlor may petition the court for determination of the validity of the claim.
(2) After Disallowance. A claimant whose claim has been disallowed in whole or in part may file with the court a petition for allowance within 60 days after mailing of the notice of disallowance.
(h) Hearing. Upon the filing of a petition by the personal representative or a claimant, the court shall hold a hearing on the petition after notice to the personal representative, the claimant, and such other persons as the court may direct.
(i) Notice to Register of Suit. If suit is filed against the personal representative by a claimant whose claim is disallowed in whole or in part, the personal representative shall notify the register in writing of the pendency of the suit within ten days after being served with the complaint.

Credits

[Adopted June 28, 1990, eff. Jan. 1, 1991. Amended May 9, 2000, eff. July 1, 2000; Dec. 4, 2007, eff. Jan. 1, 2008; Sept. 17, 2015, eff. Jan. 1, 2016; March 30, 2021, eff. July 1, 2021.]
MD Rules, Rule 6-413, MD R DEC EST Rule 6-413
Current with amendments received through May 15, 2022. Some sections may be more current, see credits for details.
End of Document