Md. Code Ann., Est. & Trusts § 8-107
Allowance or disallowance of claims
Effective Oct 1, 2019Added by Acts 1974, c. 11, § 2, eff. July 1, 1974. Amended by Acts 1976, c. 273, § 1; Acts 2019, c. 197, § 1, eff. Oct. 1, 2019.State of Maryland
(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, the personal representative 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.
(b)
- (1) If the claim is disallowed in whole or in a stated amount, the claimant is forever barred to the extent of the disallowance unless the claimant 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.
- (2) The action shall be commenced within 60 days after the mailing of notice by the personal representative.
- (3) The notice shall warn the claimant concerning the time limitation.
(c)
- (1) If no action is taken by the personal representative disallowing a claim in whole or in part under subsection (a) of this section, on 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.
- (2) 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.
- (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.
Added by Acts 1974, c. 11, § 2, eff. July 1, 1974. Amended by Acts 1976, c. 273, § 1; Acts 2019, c. 197, § 1, eff. Oct. 1, 2019.
Formerly Art. 93, § 8-107.