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Session Laws, 1974
Volume 713, Page 132   View pdf image
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132                                              LAWS OF MARYLAND                             [Ch. 11

8-107. ALLOWANCE OF CLAIM.

(A)   BY THE PERSONAL REPRESENTATIVE.

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 (A) AND (B) , HE 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)   DISALLOWANCE OF CLAIM.

IF THE CLAIM IS DISALLOWED IN WHOLE OR IN A STATED
AMOUNT, 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. THE ACTION SHALL BE
COMMENCED WITHIN 60 DAYS AFTER THE MAILING OF NOTICE BY
THE PERSONAL REPRESENTATIVE. THE NOTICE SHALL WARN THE
CLAIMANT CONCERNING THE TIME LIMITATION.

(C)   BY THE COURT.

IF NO ACTION IS TAKEN BY THE PERSONAL REPRESENTATIVE
DISALLOWING A CLAIM IN WHOLE OR IN PART UNDER SUBSECTION
(A), UPON THE PETITION OF THE PERSONAL REPRESENTATIVE OR
A CLAIMANT, THE COURT SHALL ALLOW OR DISALLOW IN WHOLE OR
IN PART A CLAIM OR CLAIMS PRESENTEE 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 REPRESENTATIVE, AND INTERESTED PERSONS AS THE
COURT DIRECTS BY ORDER ENTERED AT THE TIME THE PROCEEDING
IS COMMENCED.

(D)      IN AN ACTION AGAINST THE PERSONAL
REPRESENTATIVE.

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.

REVISOR'S NOTE: This section presently appears as
Art. 93, §8-107. A subsection is added for
organizational purposes. The only other
changes are in language and style.

 

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Session Laws, 1974
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