2013 Maryland Code
ESTATES AND TRUSTS
§ 7-103 - Publication of notice of appointment; form


MD Est & Trusts Code § 7-103 (2013) What's This?

§7-103.

(a) 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 three successive weeks, announcing the appointment and address of the personal representative, and notifying creditors of the estate to present their claims. The personal representative shall file or have filed with the register a certification that a notice has been published. The notice shall be substantially in the form provided in this section.

(b) 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 six 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) Two 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 his claim will be barred unless he presents the claim within two 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:

.........................................

§ 7-103 - 1. Notice to creditors

(a) In general. -- 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 he has ascertained of the time within which their claims may be presented under § 8-103(a) of this article.

(b) Sufficiency of notice. -- 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) Failure to receive notice. --

(1) The failure of a creditor to receive notice under this section shall not extend the time within which the creditor may present his claim beyond 6 months from the date of the decedent's death.

(2) The personal representative, individually and on behalf of the estate, shall not be 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.

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