reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Estates and Trusts › Title 6 - The Personal Representative › Subtitle 1 - Appointment and Issuance of Letters; Duties and Powers › Section 6-104 - Form of Letters

Letters of administration shall be in substantially the following form:
LETTERS OF ADMINISTRATION
To all persons who may be interested in the Estate of ……………………………
deceased:
Administration of the Estate of the deceased has been granted on
………………………………… to …………………………… . The appointment is in full
force and effect as of this date.
SEAL                                        WITNESS:
………………………………………………
Dated:                                   Register of Wills for
………………………………………………
2023 Maryland Statutes › Estates and Trusts › Title 6 - The Personal Representative › Subtitle 1 - Appointment and Issuance of Letters; Duties and Powers › Section 6-105 - Time of Accrual of Duties and Powers; Ratification

(a)    The duties and powers of a personal representative commence on the issuance of the personal representative’s letters, but when done in good faith, the personal representative’s acts occurring before appointment have the same effect as those occurring after.
(b)    A personal representative may ratify and accept acts done on behalf of the estate by others if the acts would have been proper for a personal representative.
2023 Maryland Statutes › Estates and Trusts › Title 6 - The Personal Representative › Subtitle 2 - Several Personal Representatives › Section 6-201 - Priority Among Different Letters

(a)    A person to whom letters are first issued has exclusive authority under the letters until the person’s appointment is terminated or modified.
(b)    If, in the absence of termination or modification, letters are afterwards issued to another, the first appointed personal representative may recover any property of the estate in the hands of, and demand and secure an accounting from, the personal representative subsequently appointed, but the acts of the latter done in good faith before notice of the first letters, are not void for want of validity of appointment.
2023 Maryland Statutes › Estates and Trusts › Title 6 - The Personal Representative › Subtitle 2 - Several Personal Representatives › Section 6-203 - When Joint Action of Copersonal Representatives Required

(a)    When two or more persons are appointed copersonal representatives, the concurrence of all is required on all acts connected with the administration and distribution of the estate.
(b)    The provisions of subsection (a) of this section do not apply if:
(1)    The act involved is receiving or receipting for property due the estate;
(2)    All personal representatives cannot readily be consulted in the time reasonably available for emergency action;
(3)    A personal representative has validly delegated to a copersonal representative the personal representative’s power to act; or
(4)    The will or a statute provides otherwise.
(c)    Persons dealing with a copersonal representative without knowledge that the copersonal representative is not the sole personal representative are as fully protected as if the person with whom they dealt had been the sole personal representative.
2023 Maryland Statutes › Estates and Trusts › Title 6 - The Personal Representative › Subtitle 2 - Several Personal Representatives › Section 6-204 - Powers of Surviving Copersonal Representative

Unless the will otherwise provides:
(1)    Every power exercisable by copersonal representatives may be exercised by the survivors or survivor of them when the appointment of one is terminated; and
(2)    Where one of two or more nominated as copersonal representatives is not appointed, those appointed may exercise all the powers incident to the office.
2023 Maryland Statutes › Estates and Trusts › Title 6 - The Personal Representative › Subtitle 3 - Suspension and Termination of Powers › Section 6-302 - Termination

The appointment of a personal representative shall be terminated in accordance with Title 10 of this article and may be terminated sooner by the personal representative’s death, disability, resignation, or removal as provided in §§ 6–303 through 6–307 of this subtitle.
2023 Maryland Statutes › Estates and Trusts › Title 6 - The Personal Representative › Subtitle 3 - Suspension and Termination of Powers › Section 6-303 - Effect of Termination

(a)    Termination ends the right and power pertaining to the office of personal representative as conferred by will or by the estates of decedents law.
(b)    A personal representative whose appointment has been terminated shall:
(1)    Unless otherwise ordered by the court, perform acts necessary to protect property belonging to the estate; and
(2)    Deliver the property to the successor representative.
(c)    Termination does not discharge a personal representative from liability for transactions or omissions occurring before termination, or relieve the personal representative of the duty to protect property subject to the personal representative’s control, and to account for and deliver the property to the personal representative’s successor.
(d)    Termination does not affect the personal jurisdiction to which the personal representative has given consent pursuant to § 6–101 of this title in proceedings which may be commenced against the personal representative arising out of the performance of the personal representative’s duties as personal representative.
(e)    All lawful acts of a personal representative before the termination of the personal representative’s appointment remain valid and effective.
2023 Maryland Statutes › Estates and Trusts › Title 6 - The Personal Representative › Subtitle 3 - Suspension and Termination of Powers › Section 6-304 - Duties of Personal Representative or Guardian of Deceased or Disabled Personal Representative

(a)    The appointment of a personal representative shall be terminated by the personal representative’s death or a judicial determination of the personal representative’s disability.
(b)    In either case, unless there is a surviving personal representative the personal representative of a deceased personal representative or the person appointed to protect the estate of a personal representative under legal disability shall:
(1)    Have the duty to protect property belonging to the estate being administered by the deceased or disabled personal representative;
(2)    Have the power to perform acts necessary for the protection of property;
(3)    Immediately account for and deliver the property to a successor personal representative or special administrator; and
(4)    Immediately apply to the court for the appointment of a special administrator or successor personal representative to carry on the administration of the estate that was being administered by the deceased or disabled personal representative.
2023 Maryland Statutes › Estates and Trusts › Title 6 - The Personal Representative › Subtitle 3 - Suspension and Termination of Powers › Section 6-305 - Resignation

(a)    A personal representative may resign the personal representative’s position by filing a written statement of resignation with the register after the personal representative has given at least 20 days’ written notice to all interested persons of the personal representative’s intention to resign.
(b)    If no one applies for the appointment of a successor personal representative or special administrator, and an appointment is not made within the 20-day period, the resigning personal representative may apply to the court for the appointment of the personal representative’s successor.
(c)    The resignation is effective upon the appointment of a successor, and the resigning personal representative shall immediately account for and deliver the property belonging to the estate to the successor or special administrator.
(d)    The resignation of a copersonal representative is effective upon the giving of notice and the filing of the statement of resignation as provided in this section.
2023 Maryland Statutes › Estates and Trusts › Title 6 - The Personal Representative › Subtitle 3 - Suspension and Termination of Powers › Section 6-306 - Removal

(a)    A personal representative shall be removed from office on a finding by the court that the personal representative:
(1)    Misrepresented material facts in the proceedings leading to the personal representative’s appointment;
(2)    Willfully disregarded an order of the court;
(3)    Is unable or incapable, with or without the personal representative’s own fault, to discharge the personal representative’s duties and powers effectively;
(4)    Has mismanaged property;
(5)    Has failed to maintain on file with the register a currently effective designation of an appropriate local agent for service of process as described in § 5–105(c)(6) of this article; or
(6)    Has failed, without reasonable excuse, to perform a material duty pertaining to the office.
(b)    Even if there exists cause for removal for failure to perform a material duty pertaining to the office, the court may continue the personal representative in office if it finds that continuance would be in the best interests of the estate and would not adversely affect the rights of interested persons or creditors.
(c)    (1)    A hearing shall be conducted by the court before the removal of a personal representative.
(2)    The hearing may be held:
(i)    On the motion of the court;
(ii)    On the motion of the register; or
(iii)    On the written petition of an interested person.
(3)    Notice of hearing shall be given by the register to all interested persons.
(4)    After notice has been given to the personal representative, the personal representative may exercise only the powers of a special administrator as permitted by § 6–403 of this title.
(d)    Concurrently with the removal of a personal representative, the court shall appoint a successor personal representative or a special administrator.
(e)    A personal representative who is removed from office shall account for and immediately deliver the property belonging to the estate to the personal representative’s successor or special administrator.
2023 Maryland Statutes › Estates and Trusts › Title 6 - The Personal Representative › Subtitle 3 - Suspension and Termination of Powers › Section 6-307 - Request for Judicial Probate

(a)    (1)    The appointment of a personal representative who has been appointed by administrative probate is terminated by a timely request for judicial probate.
(2)    The validity of an act performed by the person as personal representative is not affected by this termination.
(b)    Subject to an order in the proceeding for judicial probate, a personal representative appointed previously has the powers and duties of a special administrator until the appointment of a personal representative in the judicial probate proceeding.
(c)    A person, whose appointment as a personal representative is terminated by a request for judicial probate, may be reappointed.
(d)    The appointment of a personal representative is reinstated on a dismissal or withdrawal of a request for judicial probate.
2023 Maryland Statutes › Estates and Trusts › Title 6 - The Personal Representative › Subtitle 3 - Suspension and Termination of Powers › Section 6-308 - Compensation

(a)    A personal representative whose appointment is terminated may receive for the personal representative’s services the compensation awarded by the court at the time of the termination of the personal representative’s appointment.
(b)    The compensation awarded by the court may not exceed an appropriate proportion of the statutory limit allowable under § 7–601 of this article.
2023 Maryland Statutes › Estates and Trusts › Title 6 - The Personal Representative › Subtitle 4 - Special Administrator › Section 6-401 - Appointment; Qualifications

(a)    On the filing of a petition by an interested party, a creditor, or the register, or on the motion of the court, a special administrator may be appointed by the court:
(1)    If it is necessary to protect property before the appointment and qualification of a personal representative; or
(2)    On the termination of appointment of a personal representative and before the appointment of a successor personal representative.
(b)    A suitable person may be appointed as a special administrator, but special consideration shall be given to persons who will or may be ultimately entitled to letters as personal representatives and are immediately available for appointment.
2023 Maryland Statutes › Estates and Trusts › Title 6 - The Personal Representative › Subtitle 4 - Special Administrator › Section 6-403 - Powers and Duties

(a)    A special administrator shall collect, manage, and preserve property and account to the personal representative on the personal representative’s appointment.
(b)    A special administrator:
(1)    Shall assume all duties unperformed by a personal representative imposed under Title 7, Subtitles 2, 3, and 5 of this article; and
(2)    Has all powers necessary to collect, manage, and preserve property.
(c)    In addition, a special administrator has the other powers designated from time to time by court order.
2023 Maryland Statutes › Estates and Trusts › Title 6 - The Personal Representative › Subtitle 4 - Special Administrator › Section 6-404 - Termination of Appointment

(a)    The appointment of a special administrator terminates:
(1)    On the appointment of a personal representative; or
(2)    In the manner prescribed in Subtitle 3 of this title.
(b)    The powers of a special administrator may be suspended or terminated in the same manner as prescribed in Subtitle 3 of this title for the suspension and termination of the powers, or the removal, of a personal representative.
2023 Maryland Statutes › Estates and Trusts › Title 7 - Administration of the Estate › Subtitle 1 - Duties of Personal Representative; Notice of Appointment › Section 7-101 - Duties of Personal Representative Generally

(a)    (1)    A personal representative is:
(i)    A fiduciary; and
(ii)    Under a general duty to settle and distribute the estate of the decedent in accordance with the terms of the will and the estates of decedents law as expeditiously and with as little sacrifice of value as is reasonable under the circumstances.
(2)    A personal representative shall use the authority conferred on the personal representative by:
(i)    The estates of decedents law;
(ii)    The terms of the will;
(iii)    Orders in proceedings to which the personal representative is a party; and
(iv)    The equitable principles generally applicable to fiduciaries, fairly considering the interests of all interested persons and creditors.
(b)    Unless the time of distribution is extended by order of court for good cause shown, the personal representative shall distribute all the assets of the estate of which the personal representative has taken possession or control within the time provided in § 7–305 of this title for rendering the first account.
(c)    The personal representative does not incur any personal liability for the payment of claims or distribution of assets even if the personal representative does not consider claims for injuries to the person prosecuted under the provisions of § 8–103(e) or § 8–104 of this article, if at the time of payment or distribution:
(1)    The personal representative had no actual knowledge of the claim; and
(2)    The plaintiff had not filed on time a claim with the register.
2023 Maryland Statutes › Estates and Trusts › Title 7 - Administration of the Estate › Subtitle 1 - Duties of Personal Representative; Notice of Appointment › Section 7-102 - Possession and Control of Estate

(a)    A personal representative has a right to and shall take possession or control of the estate of the decedent, except that property in the possession of the person presumptively entitled to it as heir or legatee shall be possessed by the personal representative only when reasonably necessary for purposes of administration.
(b)    The request by a personal representative for delivery of property possessed by the heir or legatee is conclusive evidence, in an action against the heir or legatee for possession, that the possession of the property by the personal representative is reasonably necessary for purposes of administration.
(c)    The personal representative may maintain an action to recover possession of property or to determine its title.
2023 Maryland Statutes › Estates and Trusts › Title 7 - Administration of the Estate › Subtitle 1 - Duties of Personal Representative; Notice of Appointment › Section 7-103 - Publication of Notice of Appointment; Form

(a)    (1)    After the appointment of a personal representative, the register shall have a notice of the appointment published in a newspaper of general circulation in the county of appointment once a week in 3 successive weeks, announcing the appointment and address of the personal representative, and notifying creditors of the estate to present their claims.
(2)    The personal representative shall file or have filed with the register a certification that a notice has been published.
(b)    The notice of appointment shall be substantially in the following form:
“To all persons interested in the estate of .......................:
This is to give notice that the undersigned, ……… whose address is ……… was, on ………, appointed personal representative of the estate of ……… who died on …… (with) (without) a will.
All persons having any objection to the appointment (or to the probate of the will of the decedent) shall file the same with the register of wills on or before 6 months from the date of the appointment.
All persons having claims against the decedent must present their claims to the undersigned, or file them with the register of wills on or before the earlier of the following dates:
(1)   6 months from 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 this published notice or other written notice, notifying the creditor that the creditor’s claim will be barred unless the creditor presents the claim within 2 months from the mailing or other delivery of the notice.
Any claim not filed on or before that date, or any extension provided by law, is unenforceable thereafter.
……………………………
Personal representative
Date of first publication:
……………………………”.
2023 Maryland Statutes › Estates and Trusts › Title 7 - Administration of the Estate › Subtitle 1 - Duties of Personal Representative; Notice of Appointment › Section 7-103.1 - Notice to Creditors

(a)    Promptly after appointment, the personal representative of a decedent’s estate shall:
(1)    Make a reasonably diligent effort to ascertain the names and addresses of the decedent’s creditors; and
(2)    Mail or otherwise deliver a notice to those creditors whose names and addresses the personal representative has ascertained of the time within which their claims may be presented under § 8–103(a) of this article.
(b)    Notice under this section shall be sufficient if the personal representative mails or otherwise delivers to a creditor a copy of the notice required by § 7-103(b) of this subtitle.
(c)    (1)    The failure of a creditor to receive notice under this section shall not extend the time within which the creditor may present a claim beyond 6 months from the date of the decedent’s death.
(2)    The personal representative, individually and on behalf of the estate, is not liable for failing under this section to ascertain or notify a creditor or for giving notice to a person who is not a creditor of the decedent.
2023 Maryland Statutes › Estates and Trusts › Title 7 - Administration of the Estate › Subtitle 1 - Duties of Personal Representative; Notice of Appointment › Section 7-104 - Personal Notice to Heirs and Legatees

(a)    Not later than 20 days after the appointment of a personal representative, the personal representative shall deliver to the register the text of the first published newspaper notice of the appointment and shall advise the register of the names and addresses of the heirs of the decedent and of the legatees to the extent known by the personal representative, so that the register may issue the notices provided in § 2–210 of this article.
(b)    The provisions of this section do not apply to a successor personal representative if notice under this section has been given previously, or to a person appointed pursuant to judicial probate.
2023 Maryland Statutes › Estates and Trusts › Title 7 - Administration of the Estate › Subtitle 1 - Duties of Personal Representative; Notice of Appointment › Section 7-105 - Filing Revised and Corrected Documents

Whenever a personal representative discovers that a document previously filed by the personal representative or a predecessor personal representative is incomplete or erroneous, the personal representative shall promptly file a revised and corrected document with the register, reciting the correct information if known by the personal representative.
2023 Maryland Statutes › Estates and Trusts › Title 7 - Administration of the Estate › Subtitle 2 - Inventory and Appraisal › Section 7-201 - Duty to Prepare and File Inventory

(a)    Subject to the provisions of § 7–205 of this subtitle, and within 3 months after the appointment of a personal representative, the personal representative shall prepare and file an inventory of property owned by the decedent at the time of the death of the decedent, listing each item in reasonably descriptive detail, and indicating its fair market value as of the date of the death of the decedent, and the type and amount of any encumbrance that may exist with reference to the item.
(b)    The inventory shall include:
(1)    Real property;
(2)    Tangible personal property, excluding:
(i)    Wearing apparel, other than furs and jewelry; and
(ii)    Provisions for consumption by the family;
(3)    Corporate stocks;
(4)    Debts owed to the decedent, including bonds and notes;
(5)    Bank accounts, building, savings and loan association shares, and money;
(6)    Debts owed to the decedent by the personal representative; and
(7)    Any other interest in tangible or intangible property owned by the decedent which passes by testate or intestate succession.
2023 Maryland Statutes › Estates and Trusts › Title 7 - Administration of the Estate › Subtitle 2 - Inventory and Appraisal › Section 7-202 - Appraisals

(a)    (1)    Subject to the provisions of this section, the value of each item listed in the inventory shall be fairly appraised as of the date of death and stated in the inventory.
(2)    The personal representative may appraise the corporate stocks listed on a national or regional exchange or over the counter securities and items in § 7–201(b)(4) and (5) of this subtitle.
(3)    The personal representative shall secure an independent appraisal of the items in all of the other categories.
(4)    The personal representative may select one of the methods specified in this section.
(b)    The personal representative may apply for appraisal by appraisers designated by the register under § 2–301(a) or § 2–302 of this article.
(c)    (1)    Except as provided in paragraph (2) of this subsection, instead of an appraisal of the fair market value, real and leasehold property may be valued at:
(i)    The full cash value for property tax assessment purposes as of the most recent date of finality; or
(ii)    The contract sales price for the property if:
1.    The contract sales price is set forth on a settlement statement for an arm’s length contract of sale of the property; and
2.    The settlement on the contract occurs within 1 year after the decedent’s death.
(2)    Paragraph (1) of this subsection does not apply to property assessed for property tax purposes on the basis of its use value.
(d)    Instead of an appraisal of the fair market value, a motor vehicle may be valued by a personal representative on the basis of the average value of the motor vehicle set forth in:
(1)    The National Automobile Dealers’ Association official used car guide; or
(2)    Any substantially similar price guide designated by the register.
(e)    (1)    The personal representative may employ a qualified and disinterested appraiser to assist the personal representative in ascertaining the fair market value, as of the date of the death of the decedent, of an asset the value of which may be fairly debatable.
(2)    Different persons may be employed to appraise different kinds of assets included in the estate.
(3)    The name and address of each appraiser shall be indicated on the inventory with the item or items the appraiser appraised.
(f)    Reasonable appraisal fees shall be allowed as an administration expense.
2023 Maryland Statutes › Estates and Trusts › Title 7 - Administration of the Estate › Subtitle 2 - Inventory and Appraisal › Section 7-203 - Supplemental Inventory; Reappraisal

A personal representative shall make a supplemental inventory or appraisal of an item showing the market value as of the date of the death of the decedent, or the revised market value, and the appraisals or other data relied on and shall file the supplemental inventory or appraisal with the court if:
(1)    Property not included in the original inventory comes to the knowledge of the personal representative; or
(2)    The personal representative learns that the value indicated in the original inventory for the item is erroneous or misleading.
2023 Maryland Statutes › Estates and Trusts › Title 7 - Administration of the Estate › Subtitle 2 - Inventory and Appraisal › Section 7-204 - Revision of Inventory

(a)    At any time before an estate is closed, the State or an interested person may petition the court for revision of a value assigned to an item of inventory and the court may require revision as it considers appropriate.
(b)    Unless the personal representative has filed a petition under subsection (a) of this section, the court shall hold a hearing on the petition.
2023 Maryland Statutes › Estates and Trusts › Title 7 - Administration of the Estate › Subtitle 2 - Inventory and Appraisal › Section 7-205 - Inventory of Successor Personal Representative

Within 3 months of the date of the appointment of a successor personal representative, the successor personal representative shall return:
(1)    A new inventory to stand in place of the inventory filed by the predecessor personal representative; or
(2)    A written consent to be answerable for the items as listed and valued in the inventory filed by the predecessor personal representative.
2023 Maryland Statutes › Estates and Trusts › Title 7 - Administration of the Estate › Subtitle 3 - Accounting › Section 7-302 - Initial Account

The initial account of the administration of the property of the decedent shall contain the certificate of the personal representative of:
(a)    The total value of property as shown in all inventories made prior to the date of the account;
(b)    All receipts of the estate during the period of administration;
(c)    The date of each purchase, sale, lease, transfer, compromise, settlement, disbursement, or distribution of assets of the estate, a description of each such transaction, and a statement of the amount by which it affects the amounts referred to in subsections (a) and (b) of this section; and
(d)    The value of any assets remaining in the hands of the personal representative.
2023 Maryland Statutes › Estates and Trusts › Title 7 - Administration of the Estate › Subtitle 3 - Accounting › Section 7-303 - Subsequent Accounts

After an initial account has been rendered, subsequent accounts, whether filed by the same personal representative or by a successor, shall contain the certificate of the personal representative of:
(a)    The value of any assets remaining in the hands of the personal representative as shown in the last account;
(b)    The value of assets as shown in any inventory made since the last account;
(c)    All receipts of the estate since the date of the last account;
(d)    The date of each purchase, sale, lease, transfer, compromise, settlement, disbursement, or distribution of assets since the last account, a description of each such transaction, and a statement of the amount by which it affects the amounts referred to in subsections (a), (b), and (c) of this section; and
(e)    The value of any assets remaining in the hands of the personal representative.
2023 Maryland Statutes › Estates and Trusts › Title 7 - Administration of the Estate › Subtitle 3 - Accounting › Section 7-305 - When to Render Accounts

(a)    Accounts shall be rendered by the personal representative:
(1)    Within 9 months from the date of the appointment of the personal representative;
(2)    Within 6 months after the account referred to in paragraph (1) of this subsection and within 6 months after each account thereafter until the filing of the final account;
(3)    Upon termination of the appointment of the personal representative, as provided in Title 6, Subtitle 3 of this article; and
(4)    At the other times ordered by the court.
(b)    Upon written application of the personal representative, the court for good cause shown may extend to a specified date the time for rendering an account.
2023 Maryland Statutes › Estates and Trusts › Title 7 - Administration of the Estate › Subtitle 3 - Accounting › Section 7-306 - Failure to Render Account

If a personal representative fails to render an account or to file a certificate as required under this subtitle, the personal representative:
(1)    May be removed as provided in § 6–306 of this article; and
(2)    Is liable to interested persons as provided in § 7–403 of this title.
2023 Maryland Statutes › Estates and Trusts › Title 7 - Administration of the Estate › Subtitle 3 - Accounting › Section 7-307 - Payment of Inheritance Tax

(a)    (1)    Inheritance taxes with respect to a distribution shall be paid by the personal representative to the register.
(2)    An inheritance tax due in connection with a legacy or intestate share shall be paid at the time of accounting for its distribution.
(3)    Failure to pay the inheritance tax when due or to make full disclosure of the information necessary to the determination by the register of the tax due may subject a personal representative to reduction or forfeiture of commissions by the court unless good cause to the contrary is shown.
(4)    Failure to pay the inheritance tax when due subjects the bond of the personal representative to liability.
(b)    (1)    On payment of the inheritance taxes as determined by the register to be due, the personal representative is entitled to receive a certificate reciting that the taxes have been paid.
(2)    If requested by the personal representative, the certificate shall set forth in detail items of real or leasehold property for which the inheritance taxes have been paid.
(3)    The certificate may be filed among the permanent records of the estate maintained by the register.
2023 Maryland Statutes › Estates and Trusts › Title 7 - Administration of the Estate › Subtitle 4 - Powers of Personal Representative › Section 7-403 - Improper Exercise of Power; Breach of Fiduciary Duty

(a)    If the exercise of power concerning the estate is improper, the personal representative is liable for breach of the fiduciary duty of the personal representative to interested persons for resulting damage or loss to the same extent as a trustee of an express trust.
(b)    The exercise of power of a personal representative in violation of a court order, or contrary to the provisions of the will may be a breach of duty.
(c)    The rights of purchasers and others dealing with a personal representative are determined as provided in § 7–404 of this subtitle and are not necessarily affected by the fact that the personal representative breached the fiduciary duty of the personal representative in the transaction.
2023 Maryland Statutes › Estates and Trusts › Title 7 - Administration of the Estate › Subtitle 4 - Powers of Personal Representative › Section 7-404 - Protection of Person Dealing With Personal Representative

(a)    In the absence of actual knowledge or of reasonable cause to inquire as to whether the personal representative is improperly exercising the power of the personal representative, a person dealing with the personal representative is not bound to inquire whether the personal representative is properly exercising the power, and is protected as if the personal representative properly exercised the power.
(b)    A person is not bound to see to the proper application of estate assets paid or delivered to a personal representative.
2023 Maryland Statutes › Estates and Trusts › Title 7 - Administration of the Estate › Subtitle 5 - Notice to Interested Persons of Matters Filed › Section 7-501 - Notice of Filing of Account; Exceptions to Account

(a)    Unless waived by the court for good cause shown, the personal representative shall give written notice to all interested persons of the filing of an account with the court.
(b)    (1)    Exceptions to an account must be filed with the register within 20 days of the approval of the account by the court.
(2)    Exceptions may not be filed concerning an item which has become final and binding under § 7–502 of this subtitle.
(3)    Copies of exceptions shall be mailed by the exceptant to the personal representative.
2023 Maryland Statutes › Estates and Trusts › Title 7 - Administration of the Estate › Subtitle 5 - Notice to Interested Persons of Matters Filed › Section 7-502 - Proposed Payment to Personal Representative or Attorney

(a)    (1)    The personal representative shall give written notice in accordance with paragraph (2) of this subsection to each creditor who has filed a claim under § 8–104 of this article which is still open and to all interested persons of a claim, petition, or other request which could result, directly or indirectly, in the payment of a debt, commission, fee, or other compensation to or for the benefit of the personal representative or the attorney for the estate.
(2)    The notice shall:
(i)    State the amount requested;
(ii)    Set forth in reasonable detail the basis for the request; and
(iii)    State that a request for hearing may be made within 20 days after the notice is sent.
(b)    Unless there was fraud, material mistake, or substantial irregularity in the proceeding, or a request for a hearing is filed within 20 days of the sending of the notice, any action taken by the court on the petition is final and binding on all persons to whom the notice was given.
(c)    A certification by independent counsel as to the reasonableness of the amount of the payment is not required.
2023 Maryland Statutes › Estates and Trusts › Title 7 - Administration of the Estate › Subtitle 6 - Compensation and Expenses › Section 7-601 - Compensation of Personal Representative and Special Administrator

(a)    (1)    A personal representative or special administrator is entitled to reasonable compensation for services.
(2)    If a will provides a stated compensation for the personal representative, additional compensation shall be allowed if the provision is insufficient in the judgment of the court.
(3)    The personal representative or special administrator may renounce at any time all or a part of the right to compensation.
(b)    (1)    Unless the will provides a larger measure of compensation, on petition filed in reasonable detail by the personal representative or special administrator the court may allow the commissions it considers appropriate.
(2)    The commissions authorized under paragraph (1) of this subsection may not exceed those computed in accordance with the following table:
If the property subject to                                                                    The commission may administration is:                                                                                       not exceed:
Not over $20,000…………………………………………………………………………...…9%
Over $20,000 …………….……………………………..……………$1,800 plus 3.6% of the
excess over $20,000
(c)    Within 30 days a personal representative, special administrator, or unsuccessful exceptant may appeal the allowance to the circuit court, which shall determine the adequacy of the commissions and increase, but not in excess of the commissions computed in accordance with the table in subsection (b)(2) of this section, or decrease them.
(d)    If the personal representative retains the services of a licensed real estate broker to aid in the sale of real property, the commissions paid to the real estate broker are an expense of administration and may not be deducted from the commissions allowed by the court to the personal representative in accordance with subsection (a) of this section.
2023 Maryland Statutes › Estates and Trusts › Title 7 - Administration of the Estate › Subtitle 6 - Compensation and Expenses › Section 7-602 - Compensation for Services of an Attorney

(a)    An attorney is entitled to reasonable compensation for legal services rendered by the attorney to the estate or the personal representative or both.
(b)    (1)    On the filing of a petition in reasonable detail by the personal representative or the attorney, the court may allow a counsel fee to an attorney employed by the personal representative for legal services.
(2)    The compensation shall be fair and reasonable in the light of all the circumstances to be considered in fixing the fee of an attorney.
(c)    If the court shall allow a counsel fee to one or more attorneys, it shall take into consideration in making its determination what would be a fair and reasonable total charge for the cost of administering the estate under this article, and it shall not allow aggregate compensation in excess of that figure.
2023 Maryland Statutes › Estates and Trusts › Title 7 - Administration of the Estate › Subtitle 6 - Compensation and Expenses › Section 7-603 - Expenses of Estate Litigation

(a)    A personal representative or person nominated as personal representative who defends or prosecutes a proceeding in good faith and with just cause shall be entitled to receive necessary expenses and disbursements from the estate regardless of the outcome of the proceeding.
(b)    (1)    Subject to paragraph (2) of this subsection, in addition to the compensation provided for in this subtitle, a personal representative is entitled to reasonable commissions or attorney’s fees, as determined by the court, in connection with an election by a surviving spouse to take an elective share under § 3–403 of this article.
(2)    The amount of compensation or attorney’s fees consented to by all interested persons is presumed to be reasonable.
2023 Maryland Statutes › Estates and Trusts › Title 7 - Administration of the Estate › Subtitle 6 - Compensation and Expenses › Section 7-604 - Payment of Commissions

(a)    The personal representative may pay commissions to personal representatives under § 7–601 of this subtitle, and attorney’s fees under § 7–602 of this subtitle without court approval if:
(1)    (i)    Each creditor, who has filed a claim that is still open, and all interested persons consent in writing to the payment;
(ii)    The combined sum of the payments of commissions and attorney’s fees does not exceed the amounts provided in § 7–601 of this subtitle;
(iii)    The signed written consent form states the amounts of the payments and is filed with the register of wills; and
(iv)    Unless the consent form is filed simultaneously with the final administration account or final report under a modified administration, each payment consented to is for services rendered by the attorney or personal representative prior to the date of the consent; or
(2)    (i)    The fee is paid to an attorney representing the estate in litigation under a contingency fee agreement signed by the decedent or the current personal representative of the decedent’s estate;
(ii)    The fee does not exceed the terms of the contingency fee agreement;
(iii)    A copy of the contingency fee agreement is on file with the register of wills; and
(iv)    The attorney files a statement with each account stating that the scope of the representation by the attorney does not extend to the administration of the estate.
(b)    When rendering accounts, the personal representative shall designate any payment made under this section as an expense.
2023 Maryland Statutes › Estates and Trusts › Title 8 - Claims of Creditors › Subtitle 1 - General › 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 the estate is closed, a creditor whose claim has not been barred may recover directly from the persons to whom property has been distributed as provided in § 10–102 of this article, or from a former personal representative individually as provided in § 10–103 of this article.
2023 Maryland Statutes › Estates and Trusts › Title 8 - Claims of Creditors › Subtitle 1 - General › 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 decedent, during the period from the death of the decedent until 6 months after the date of the decedent’s death, is automatically extended until 6 months after the date of the decedent’s death.
2023 Maryland Statutes › Estates and Trusts › Title 8 - Claims of Creditors › Subtitle 1 - General › 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, 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 the claim will be barred unless the creditor presents the claim within 2 months after the mailing or other delivery of the notice.
(b)    A claim for slander against an estate of a decedent that 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 the decedent’s 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 6 months after 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 on property of the estate.
(e)    If the decedent had been duly served with process before the decedent’s death, nothing in this section shall affect an action for injuries to the person or damage to property that was commenced against the decedent.
(f)    A claim filed by the Maryland Department of Health 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.
2023 Maryland Statutes › Estates and Trusts › Title 8 - Claims of Creditors › Subtitle 1 - General › 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 this article, for legal services as provided in § 7–602 of this article, and commissions of licensed real estate brokers;
(5)    Family allowance as provided in § 3–201 of this article;
(6)    Taxes due by the decedent;
(7)    Reasonable medical, hospital, and nursing expenses of the last illness of the decedent;
(8)    Rent payable by the decedent for not more than three months in arrears;
(9)    Wages, salaries, or commission for services performed for the decedent within three months prior to death of the decedent;
(10)    Assistance paid under the Public Assistance to Adults Program, as provided in § 5–407(d) of the Human Services Article; and
(11)    All other claims.
(b)    (1)    A preference may not be given in the payment of a claim over another claim of the same class.
(2)    A claim due and payable is not entitled to a preference over claims not yet due.
2023 Maryland Statutes › Estates and Trusts › Title 8 - Claims of Creditors › Subtitle 1 - General › 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 the decedent’s will.
(b)    Subject to the priorities contained in § 8–105 of this subtitle, the personal representative shall pay the funeral expenses of the decedent within six months of the first appointment of a personal representative.
(c)    (1)    Funeral expenses shall be allowed in the discretion of the court according to the condition and circumstances of the decedent.
(2)    In no event may the allowance exceed $15,000 unless the estate of the decedent is solvent and a special order of court has been obtained.
(3)    An allowance by the court is not required if the estate is solvent and:
(i)    The will expressly empowers the personal representative to pay the expenses without an order of court; or
(ii)    The estate is under modified administration and the personal representative includes the expenses on the final report required under § 5–707 of this article.
(d)    (1)    If the funeral expenses are not paid within 6 months, the creditor may petition the court to require the personal representative to show cause why the personal representative should not be compelled to make the payment.
(2)    If the court finds that the claim is valid, it shall fix the amount due and shall order the personal representative to make payment within 10 days after the order is served on the personal representative.
(3)    If the personal representative does not have sufficient funds, the claimant may at a later date resubmit the personal representative’s petition when the personal representative has sufficient funds.