Md. Code Ann., Est. & Trusts § 10-103
Statute of limitations for actions or proceedings involving personal representative
Effective Apr 5, 2018Added 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.State of Maryland
(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.
(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.
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.