Section 8-103 - Limitation on presentation of claim. - Maryland Statutes

§ 8-103. Limitation on presentation of claim.
 

(a)  In general.- 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) 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)  Claim for slander.- 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)  Conduct of personal representative.- 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)  Liens not affected.- 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)  Certain actions for personal injuries and/or damages to property instituted before death.- 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)  Certain actions against Maryland Medical Assistance Program recipients.- 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: 

(1) 6 months after publication of notice of the first appointment of a personal representative; or 

(2) 2 months after the personal representative mails or otherwise delivers to the Department's Division of Medical Assistance Recoveries a copy of a notice in the form required under § 7-103 of this article or other written notice, notifying the Department that the claim shall be barred unless the Department presents its claim within 2 months from the receipt of the notice. 
 

[An. Code 1957, art. 93, § 8-103; 1974, ch. 11, § 2; 1989, ch. 496, § 1; 1992, ch. 226; 1997, ch. 586; 1998, ch. 21, § 1; 2005, ch. 444, § 1.]