Ch. 586                                    1997 LAWS OF MARYLAND

(1994 Replacement Volume and 1996 Supplement)

BY adding to

Article - Health - General

Section 15-121.4

Annotated Code of Maryland

(1994 Replacement Volume and 1996 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Estates and Trusts

8-103.

(a)     Except as otherwise expressly provided by statute with respect to claims of the
United States and the State, all claims against an estate of a decedent, whether due or to
become due, absolute or contingent, liquidated or unliquidated, founded on contract,
tort, or other legal basis, are forever barred against the estate, the personal
representative, and the heirs and legatees, unless presented within the earlier of the
following dates:

(1)     6 months after the date of the decedent's death; or

(2)     [Two] 2 months after the personal representative mails or otherwise
delivers to the creditor a copy of a notice in the form required by § 7-103 of this article
or other written notice, notifying the creditor that his claim will be barred unless he
presents the claim within 2 months from the mailing or other delivery of the notice.

(b)     A claim for slander against an estate of a decedent which arose before the
death of the decedent, is barred even if an action was commenced against and service of
process was effected on the decedent before his death.

(c)     A claim against the estate based on the conduct of or a contract with a
personal representative is barred unless an action is commenced against the estate within
six months of the date the claim arose.

(d)     Nothing in this section shall affect or prevent an action or proceeding to
enforce a mortgage, pledge, judgment or other lien, or security interest upon property of
the estate.

(e)     If the decedent had been duly served with process before his death, nothing in
this section shall affect an action for injuries to the person and/or damage to property
which was commenced against the decedent.

(F) A CLAIM FILED BY THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE
AGAINST THE ESTATE OF A DECEASED MARYLAND MEDICAL ASSISTANCE
PROGRAM RECIPIENT, AS AUTHORIZED UNDER § 15-121(A) OF THE HEALTH -
GENERAL ARTICLE, IS FOREVER BARRED AGAINST THE ESTATE, THE PERSONAL
REPRESENTATIVE, AND THE HEIRS AND LEGATEES, UNLESS THE CLAIM IS
PRESENTED WITHIN THE EARLIER OF THE FOLLOWING DATES:

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