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§ 8-107. Allowance or disallowance of claims

West's Annotated Code of MarylandEstates and TrustsEffective: October 1, 2011

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, 2011
MD Code, Estates and Trusts, § 8-107
§ 8-107. Allowance or disallowance of claims
Notice to claimant of disallowance of claim
(a) If a personal representative intends to disallow, in whole or in part, a claim that has been presented within the appropriate time and in the form prescribed in § 8-104(b) or (c) of this subtitle, he shall mail notice to each claimant stating:
(1) That the claim has been disallowed in whole or in a stated amount; or
(2) That the personal representative will petition the court to determine whether the claim should be allowed.
Petition for allowance of claim
(b) If the claim is disallowed in whole or in a stated amount, the claimant is forever barred to the extent of the disallowance unless he files a petition for allowance in the court or commences an action against the personal representative or against one or more of the persons to whom property has been distributed. The action shall be commenced within 60 days after the mailing of notice by the personal representative. The notice shall warn the claimant concerning the time limitation.
Failure of personal representative to act upon petition by claimant
(c) If no action is taken by the personal representative disallowing a claim in whole or in part under subsection (a) of this section, upon the petition of the personal representative or a claimant, the court shall allow or disallow in whole or in part a claim or claims presented to the personal representative or filed with the register in due time and not barred by subsection (a) of this section. Notice in this proceeding shall be given to the claimant, the personal representative, and interested persons as the court directs by order entered at the time the proceeding is commenced.
Judgment to enforce claim an allowance of claim
(d) A judgment in an action against a personal representative to enforce a claim against the estate of a decedent is an allowance of the claim.

Credits

Added by Acts 1974, c. 11, § 2, eff. July 1, 1974. Amended by Acts 1976, c. 273, § 1.
Formerly Art. 93, § 8-107.
MD Code, Estates and Trusts, § 8-107, MD EST & TRST § 8-107
Current through all legislation from the 2017 Regular Session of the General Assembly
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