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Section 8-101 – Claim Not Paid in Normal Course of Administration

    (a)    Except as provided in § 8–104 of this subtitle, a proceeding to enforce a claim against an estate of a decedent may not be revived or commenced before the appointment of a personal representative.     (b)    After appointment and until the estate is closed, the procedures prescribed by § 8–104 of this subtitle shall be followed.     (c)    After […]

Section 8-102 – Effect of Statute of Limitations

    (a)    Unless a contrary intent is expressly indicated in the will, a claim which was barred by a statute of limitations at the time of the death of the decedent may not be allowed or paid.     (b)    Subject to § 8-103(a) of this subtitle, a period of limitations which would terminate, except for the death of the […]

Section 8-103 – Limitation on Presentation of Claim

    (a)    Except as otherwise expressly provided by statute with respect to claims of the United States or the State, a claim 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, is forever barred against the estate, the personal representative, […]

Section 8-104 – Manner of Presentation of Claim; Form

    (a)    Claims against an estate of a decedent may be presented as provided in this section.     (b)    (1)    The claimant may deliver or mail to the personal representative a verified written statement of the claim indicating its basis, the name and address of the claimant, and the amount claimed.         (2)    If the claim is not yet due, the date […]

Section 8-105 – Order of Payment

    (a)    If the applicable assets of the estate are insufficient to pay all claims in full, the personal representative shall make payment in the following order:         (1)    Fees due to the register;         (2)    Costs and expenses of administration;         (3)    Funeral expenses as provided in § 8–106 of this subtitle;         (4)    Compensation of personal representatives as provided in § 7–601 of […]

Section 8-106 – Funeral Expenses

    (a)    In this section, “funeral expenses” includes the costs of a funeral, a burial, a cremation, a disposition of the decedent’s remains, a memorial, a memorial service, food and beverages related to bringing together the decedent’s family and friends for a wake or prefuneral or postfuneral gathering or meal, and any other reasonable expenses authorized by […]

Section 8-107 – Allowance of Claim

    (a)    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(b) or (c) of this subtitle, the personal representative shall mail notice to each claimant stating:         (1)    That the claim has been disallowed in whole or in […]

Section 8-108 – Payment of Claim

    (a)    (1)    On the expiration of 6 months from the date of the decedent’s death, the personal representative shall pay the claims allowed against the estate in the order of priority prescribed in § 8–105 of this subtitle.         (2)    The court may extend the time for payment for good cause shown.         (3)    A person with a valid unbarred claim […]

Section 8-109 – Liability of Personal Representative

    (a)    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, as distinguished from the personal representative’s fiduciary accountability to the estate.     (b)    A personal representative is not individually liable on contracts properly entered into in the personal representative’s fiduciary capacity […]

Section 8-110 – Claim Not Yet Due

    (a)    On proof of an unsecured claim that will become due at some future time, and that has not been compromised pursuant to § 7–401 of this article or authority conferred by the will, the court shall direct the investment of an amount that will provide for the payment of the claim when it becomes due. […]

Section 8-111 – Secured Claim

    (a)    (1)    Payment of a secured claim shall be on the basis of the full amount if the creditor shall surrender the creditor’s security.         (2)    If payment is not made on the basis described in paragraph (1) of this subsection, it shall be made as provided in subsection (b) or (c) of this section.     (b)    If during administration, the […]

Section 8-112 – Contingent Claim

    (a)    (1)    If a contingent claim becomes absolute before the distribution of the estate, the contingent claim shall be paid in the same manner as absolute claims of the same class.         (2)    In other cases, if a petition is filed with the court by the personal representative or the claimant, the court may provide for payment in the […]

Section 8-113 – Counterclaim

    In allowing a claim the personal representative may deduct a counterclaim which the estate has against the claimant.

Section 8-114 – Execution and Levy Prohibited

    (a)    An execution or a levy may not issue nor be made against property of the estate under a judgment against a decedent or a personal representative.     (b)    The provisions of this section do not apply to the enforcement of mortgages, pledges, liens, or other security interests on property in an appropriate proceeding.