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Session Laws, 1969
Volume 692, Page 64   View pdf image
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64                                 LAWS OF MARYLAND                           [CH. 3

such proportion thereof as the money in the hands of the personal
representative will permit. If the personal representative does not
have sufficient funds, the claimant may at a later date resubmit his
petition at such time as the personal representative has sufficient
funds.

8-107. Allowance of claim; and suit thereon.

(a)    By the personal representative. As to claims presented in
the manner described in Section 8-104 (a) and (b) within the time
limit prescribed in Section 8-103, the personal representative shall
mail a notice to each claimant stating (i) that the claim has been
allowed in a stated amount; (ii) that the claim has been dis-
allowed; or (iii) that the personal representative will petition the
Court to determine whether the claim should be allowed. If, after
notifying a claimant of allowance of a claim, the personal representa-
tive rescinds the allowance, he shall notify the claimant of the
extent of the rescission. If the claim is disallowed in whole or in
part 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, not
later than 60 days after the mailing of the notice; and the notice
shall warn the claimant to this effect.

(b)    By the Court. If no action is taken by the personal represent-
ative disallowing a claim in whole or in part under subsection (a),
upon the petition of the personal representative or of a claimant the
Court shall allow or disallow in whole or in part any 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 represent-
ative and such interested persons as the Court may direct by order
entered at the time the proceeding is commenced.

(c)    In an action against the personal representative. A judg-
ment in an action against a personal representative to enforce a
claim against a decedent's estate is an allowance of the claim.

8-108. Payment of claim.

(a)    Upon the expiration of four SIX months from the date of the
first published notice to creditors, the personal representative shall
proceed to pay the claims allowed against the estate in the order of
priority prescribed in Section 8-105. Any person with a valid un-
barred claim or with a valid unbarred judgment who has not been
paid as provided herein may petition the Court for an order directing
the personal representative to pay the claim to the extent that funds
of the estate are available for such payment.

(b)    The personal representative may, at any time, pay any just
claim which has not been