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Session Laws, 1989
Volume 771, Page 4725   View pdf image
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WILLIAM DONALD SCHAEFER, Governor

(I) IS AWARE THAT THE CREDITOR HAS DEMANDED
PAYMENT FROM THE DECEDENT OR THE ESTATE; OR

(II) HAS ACTUAL KNOWLEDGE THAT A PERSON IS A
CREDITOR OF THE DECEDENT OR THE ESTATE.
----------------------------

(B) (1) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
PARAGRAPH, AS SOON AS PRACTICABLE, BUT IN NO CASE LONGER THAN 4
MONTHS AFTER BEING APPOINTED PERSONAL REPRESENTATIVE, THE
PERSONAL REPRESENTATIVE SHALL GIVE NOTICE OF THE APPOINTMENT TO
ALL KNOWN CREDITORS BY MAILING A COPY OF THE NOTICE REQUIRED
UNDER § 1-103 OF THIS SUBTITLE.

(II) IF THE PERSONAL REPRESENTATIVE FIRST HAS
KNOWLEDGE OF A CREDITOR LESS THAN 30 PAYS BEFORE THE EXPIRATION
OF THE TIME PROVIDED UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH,
THE PERSONAL REPRESENTATIVE: SHALL GIVE NOTICE IN THE MANNER
DESCRIBED UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH TO THE
CREDITOR WITHIN 30 DAYS AFTER THE PERSONAL REPRESENTATIVE HAS
KNOWLEDGE.
-----------------------------------------------------------

(2) (I) WITHIN 4 MONTHS OF THE APPOINTMENT, THE
PERSONAL REPRESENTATIVE SHALL FILE WITH THE REGISTER A LIST OF
THE NAMES AND ADDRESSES OF THE KNOWN CREDITORS WHO HAVE SEEN
NOTIFIED UNDER PARAGRAPH (1) OF THIS SUBSECTION.
-------------------

(II) IF A PERSONAL REPRESENTATIVE DETERMINES
THAT A PERSON IS A CREDITOR OF THE DECEDENT AFTER THE LIST
DESCRIBED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH HAS SEEN FILED,
THE PERSONAL REPRESENTATIVE SHALL FILE AN ADDENDUM TO THE LIST AS
SOON AS PRACTICABLE..

(C) A PERSONAL REPRESENTATIVE IS NOT INDIVIDUALLY LIABLE IF
THE PERSONAL REPRESENTATIVE IN GOOD FAITH:
-------------------------

(1) FAILS TO DISCOVER A CREDITOR WHOSE NAME AND
ADDRESS WERE ASCERTAINABLE WITH REASONABLE DILIGENT EFFORT;
------

(2) SENDS NOTICE UNDER SUBSECTION (B)(1) OF THIS
SECTION TO A PERSON WHO IS NOT A CREDITOR OF THE DECEDENT;

(3) FAILS TO SEND NOTICE UNDER SUBSECTION (B)(1) OF
THIS SECTION TO A KNOWN CREDITOR OF THE DECEDENT; OR
--------------

(4) INCLUDES A PERSON WHO IS NOT A CREDITOR OF THE
DECEDENT OR FAILS TO INCLUDE A KNOWN CREDITOR OF THE DECEDENT ON
THE LIST FILED WITH THE REGISTER UNDER SUBSECTION (B)(2) OF THIS
SECTION.
-------------------------------------------------------------

8-103.

(d)(1) If the first newspaper notice referred to in §
7-103 is not published within 20 days after the first appointment

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Session Laws, 1989
Volume 771, Page 4725   View pdf image
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