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Session Laws, 1969
Volume 692, Page 63   View pdf image
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MARVIN MANDEL, Governor                            63

estate, to be limited to the extent of such existing insurance. The
provisions as to such time for filing of a suit shall also be deemed to
permit claims made against the Unsatisfied Claim and Judgment Fund
of the State of Maryland, in the event such claim could otherwise
legally be made.

8-105. Order of payment.

If the applicable assets of the estate are insufficient to pay all
claims in full, the personal representative shall make payment in
the following order:

(a)    Fees due to the Register.

(b)    Funeral expenses as provided in Section 8-106.

(c)    Costs and expenses of administration, including compensa-
tion of personal representative as provided in Section 7-601, for
legal services as provided in Section 7-602, and commissions of li-
censed real estate brokers and salesmen.

(d)    Family allowance as provided in Section 3-201.

(e)    Taxes due by the decedent.

(f)    Reasonable medical, hospital and nursing expenses of the
last illness of the decedent.

(g)    Rent payable by the decedent for not more than three
months in arrears.

(h) Wages, salaries or commission for services performed for
the decedent within ninety days prior to decedent's death.

(i) Old age assistance claims under Section 77 of Article 88A.
(j) All other claims.

No preference shall be given in the payment of any claim over any
other claim of the same class, nor shall a claim due and payable be
entitled to a preference over claims not yet due.

8-106. Funeral expenses.

Subject to the priorities contained in Section 8-105, every personal
representative, within four
SIX months after the date of the first pub-
lished notice to creditors, shall pay the funeral expenses of the de-
cedent. Said expenses shall be allowed in the discretion of the Court
according to the condition and circumstances of the decedent, but in
no event shall such allowance exceed $500 unless the estate of the
decedent is solvent and a special order of Court has been obtained;
provided, however, that if the estate is solvent and (a) the personal
representative is proceeding under a grant of extended powers as

provided in Section 7-402, or (b) if the will expressly empowers the
personal representative to pay such expenses without an order of
court, no such allowance by the Court shall be required. If the
funeral expenses are not paid within such period the creditor may
petition the Court to require the personal representative to show
cause why he should not be compelled to make such payment. If the
Court finds that such claim is valid, it shall fix the amount due and
shall order the personal representative to make payment within ten
days after the order is served upon the personal representative, or


 

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