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Session Laws, 1971
Volume 707, Page 1734   View pdf image
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1734                            Laws of Maryland                      [Ch. 786

until 6 months after the date of the first [published notice to
creditors] appointment of a personal representative shall automati-
cally be extended until 6 months after the date of the first [pub-
lished notice to creditors] appointment of a personal representative.

8-103.

(a) Requirement of presentation; time; limitation. — Except as
otherwise expressly provided by statute with respect to claims of
the United States and the State of Maryland, all claims against a
decedent's estate, whether due or to become due, absolute or con-
tingent, liquidated or unliquidated, founded on contract, tort, or
other legal basis, shall be forever barred against the estate, the per-
sonal representative, and the heirs and legatees, unless presented
within six months after the date of first [published notice to creditors,
or if notice to creditors has not been published, within the expiration
of the period of limitations, otherwise applicable] appointment of
a personal representative.
A claim for slander against a decedent's
estate, which arose before the death of the decedent, shall be barred
[unless] even if an action was commenced against and service of
process was effected on the decedent before his death. A claim
against the estate based on the conduct of or a contract with a
personal representative shall be barred unless an action is com-
menced against the estate within six (6) months of the date the
claim arose. If the first newspaper notice referred to in Section
7-103 is not published within 20 days after the first appointment
of a personal representative, any period in this Subtitle expiring
six months after the first appointment of a personal representative
shall automatically be extended by the period between appointment
and first publication (but excluding the first 20 days).

8-106.

Subject to the priorities contained in Section 8-105, every per-
sonal representative, within six months after the date of the first
[published notice to creditors] appointment of a personal represent-
ative,
shall pay the funeral expenses of the decedent. Said expenses
shall be allowed in the discretion of the court according to the con-
dition and circumstances of the decedent, but in no event shall
such allowance exceed $500 $1200 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 if the will expressly em-
powers 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 repre-
sentative, or such proportion thereof as the money in the hands of
the personal representative will permit. If the personal representa-
tive 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.

 

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Session Laws, 1971
Volume 707, Page 1734   View pdf image
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