MARVIN MANDEL, Governor                                   133

8-108. PAYMENT OF CLAIM.

(A) AFTER SIX MONTHS.

UPON THE EXPIRATION OF SIX MONTHS FROM THE DATE OF
THE FIRST APPOINTMENT OF A PERSONAL REPRESENTATIVE, THE
PERSONAL REPRESENTATIVE SHALL PAY THE CLAIMS ALLOWED
AGAINST THE ESTATE IN THE ORDER OF PRIORITY PRESCRIBED IN
§8-105. THE COURT MAY EXTEND THE SIX MONTH PERIOD FOR
GOOD CAUSE SHOWN. A PERSON WITH A VALID UNBARRED CLAIM
OR WITH A VALID UNBARRED JUDGMENT WHO HAS NOT BEEN PAID
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 PAYMENT.

(B) PAYMENT AT ANY TIME.

THE PERSONAL REPRESENTATIVE MAY PAY, AT ANY TIME, A
JUST CLAIM WHICH HAS NOT BEEN BARRED, WITH OR WITHOUT
FORMAL PRESENTATION, BUT BE IS PERSONALLY LIABLE TO
ANOTHER CLAIMANT WHOSE CLAIM IS ALLOWED AND WHO IS
INJURED BY THE PAYMENT IF

(1)    THE PAYMENT WAS MADE BEFORE THE
EXPIRATION OF THE TIME LIMIT STATED IN SUBSECTION (A) OF
THIS SECTION AND THE PERSONAL REPRESENTATIVE FAILED TO
REQUIRE THE PAYEE TO GIVE ADEQUATE SECURITY TO REFUND
[[A]] ANY PART OF THE PAYMENT NECESSARY TO PAY OTHER
CLAIMANTS; OR

(2)    THE PAYMENT WAS MADE IN A   MANNER TO
DEPRIVE THE INJURED CLAIMANT OF HIS PRIORITY AS A RESULT
OF NEGLIGENCE OR WILFUL FAULT OF THE PERSONAL
REPRESENTATIVE.

REVISOR'S NOTE: This section presently appears as
Art. 93, §8—108. The only changes are in
style and language.

8-109. LIABILITY OF PERSONAL REPRESENTATIVE.
(A) INDIVIDUALLY.

THE INDIVIDUAL LIABILITY OF A PERSONAL
REPRESENTATIVE TO THIRD PARTIES ARISING FROM THE
ADMINISTRATION OF THE ESTATE IS THAT OF AN AGENT FOR A
DISCLOSED PRINCIPAL[[. IT IS DISTINGUISHABLE FROM HIS

FIDUCIARY ACCOUNTABILITY TO THE ESTATE.]] ,____AS

DISTINGUISHED FROM HIS FIDUCIARY ACCOUNTABILITY TO THE
ESTATE.

(B) CONTRACTS MADE DURING ADMINISTRATION.

A PERSONAL REPRESENTATIVE IS NOT INDIVIDUALLY LIABLE