MARVIN MANDEL, Governor 147
(A) TERMINATION OF APPOINTMENT BY REQUEST.
THE FINAL APPROVAL OF THE FINAL ACCOUNT
AUTOMATICALLY CLOSES THE ESTATE. IF THE FINAL ACCOUNT SO
REQUESTS, IT ALSO AUTOMATICALLY TERMINATES THE
APPOINTMENT OF THE PERSONAL REPRESENTATIVE.
(E) TERMINATION OF APPOINTMENT BY THE COURT.
IF THE APPOINTMENT IS NOT TERMINATED BY THE FINAL
ACCOUNT, A PERSONAL REPRESENTATIVE MAY, AFTER THE TIME
HAS PASSED FOR PRESENTING CLAIMS WHICH AROSE PRIOR TO THE
DEATH OF THE DECEDENT, PETITION THE COURT FOR AN ORDER TO
TERMINATE HIS APPOINTMENT AS PERSONAL REPRESENTATIVE,
AFTER NOTICE TO ALL INTERESTED PERSONS INCLUDING
CREDITORS WHO HAVE PRESENTED THEIR CLAIMS AND LEGATEES
WHO HAVE NOT BEEN PAID IN FULL, THE COURT MAY ENTER AN
APPROPRIATE ORDER IF A WRITTEN REQUEST FOR A HEARING HAS
NOT BEEN FILED WITHIN 20 DAYS.
REVISOR'S NOTE: This section presently appears as
Art. 93, §10-101. It is divided into two
subsections for organizational purposes. The
only other changes are in language and style.
10-102. LIABILITY OF HEIR OR LEGATEE TO CREDITOR.
AFTER AN ESTATE HAS BEEN CLOSED, A CLAIM NOT BARRED
MAY BE PROSECUTED AGAINST ONE OR MORE OF THE PERSONS TO
WHOM PROPERLY HAS BEEN DISTRIBUTED. AN HEIR OR LEGATEE
[[MAY]] SHALL NOT BE LIABLE TO CLAIMANTS FOR AMOUNTS IN
EXCESS OF THE VALUE OF HIS DISTRIBUTION, VALUED AT THE
TIME OF DISTRIBUTION OR THE TIME OF FILING SUIT,
WHICHEVER IS LOWER. AN HEIR OR LEGATEE HAS A RIGHT OF
CONTRIBUTION AGAINST OTHER HEIRS AND LEGATEES; BETWEEN
THEM EACH SHALL BEAR THE COST OF SATISFACTION OF UNBARRED
CLAIMS AS IF THE CLAIM HAD BEEN SATISFIED BEFORE
DISTRIBUTION.
REVISOR'S NOTE: This section presently appears as
Art. 93, §10-102. The only changes are in
style and language.
10-103. LIMITATIONS.
(A) PROCEEDINGS AGAINST PERSONAL REPRESENTATIVE.
IF NO ACTION OR PROCEEDING INVOLVING THE PERSONAL
REPRESENTATIVE IS PENDING ONE YEAR AFTER THE CLOSE OF THE
ESTATE PURSUANT TO §10-101, THE PERSONAL REPRESENTATIVE
SHALL BE DISCHARGED FROM ANY CLAIM OR DEMAND OF ANY
INTERESTED PERSON. THE RIGHTS SO BARRED DO NOT INCLUDE
RIGHTS TO RECOVER FROM A PERSONAL REPRESENTATIVE FOR
FRAUD, MATERIAL MISTAKE, OR SUBSTANTIAL IRREGULARITY.
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