Home Table of Contents

§ 10-103. Statute of limitations for actions or proceedings involving personal representative

West's Annotated Code of MarylandEstates and TrustsEffective: April 5, 2018

West's Annotated Code of Maryland
Estates and Trusts (Refs & Annos)
Title 10. Closing Estates (Refs & Annos)
Subtitle 1. General (Refs & Annos)
Effective: April 5, 2018
MD Code, Estates and Trusts, § 10-103
§ 10-103. Statute of limitations for actions or proceedings involving personal representative
In general
(a)(1) If no action or proceeding involving the personal representative is pending one year after the close of the estate pursuant to § 5-709 of this article or § 10-101 of this subtitle, the personal representative shall be discharged from any claim or demand of any interested person.
(2) The rights so barred do not include rights to recover from a personal representative for fraud, material mistake, or substantial irregularity.
Actions for recovery of property improperly distributed
(b)(1) Except as provided in § 10-102 of this subtitle and § 7-308 of the Tax-General Article, the right of a person seeking to recover property improperly distributed, or the value of it, from a person to whom property has been distributed is forever barred at the later of:
(i) Three years from the death of the decedent; or
(ii) One year from the time of distribution of the property.
(2) This subsection does not bar recovery of property or the value of it received as the result of the heir's or legatee's participation in a fraudulent distribution.

Credits

Added by Acts 1974, c. 11, § 2, eff. July 1, 1974. Amended by Acts 1996, c. 10, § 1, eff. April 9, 1996; Acts 1997, c. 14, § 1, eff. April 8, 1997; Acts 1997, c. 596, § 1, eff. Oct. 1, 1997; Acts 1998, c. 785, § 1, eff. Oct. 1, 1998; Acts 2000, c. 61, § 7, eff. April 25, 2000; Acts 2018, c. 12, § 1, eff. April 5, 2018.
Formerly Art. 93, § 10-103.
MD Code, Estates and Trusts, § 10-103, MD EST & TRST § 10-103
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document