EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0730*
SENATE BILL 730
N2 2lr2586
CF HB 802
By: Senators Watson, Young, and Smith
Introduced and read first time: February 7, 2022
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Estates and Trusts – Claims Against an Estate – Statute of Limitations 2
FOR the purpose of altering the statute of limitations for the filing of certain claims against 3
a decedent’s estate; and generally relating to the statute of limitations for claims 4
against an estate. 5
BY repealing and reenacting, with amendments, 6
Article – Estates and Trusts 7
Section 8–103 8
Annotated Code of Maryland 9
(2017 Replacement Volume and 2021 Supplement) 10
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
That the Laws of Maryland read as follows: 12
Article – Estates and Trusts 13
8–103. 14
(a) (1) [Except] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION A ND 15
EXCEPT as otherwise PROVIDED IN THIS SEC TION OR expressly provided by statute with 16
respect to claims of the United States or the State[, a claim against an estate of a decedent, 17
whether due or to become due, absolute or contingent, liquidated or unliquidated, founded 18
on contract, tort, or other legal basis, is forever barred against the estate, the personal 19
representative, and the heirs and legatees, unless presented within the earlier of the 20
following dates: 21
(1) 6 months after the date of the decedent’s death; or 22
2 SENATE BILL 730
(2) 2 months after the personal representative mails or otherwise delivers 1
to the creditor a copy of a notice in the form required by § 7–103 of this article or other 2
written notice, notifying the creditor that the claim will be barred unless the creditor 3
presents the claim within 2 months after the mailing or other delivery of the notice]: 4
(I) A CLAIM AGAINST AN IND IVIDUAL THAT ARISES BEFORE 5
THE INDIVIDUAL ’S DEATH A ND THAT IS NOT BARRE D AT THE TIME OF THE 6
INDIVIDUAL’S DEATH BY THE APPLI CABLE STATUTE OF LIM ITATIONS MAY BE 7
PRESENTED AGAINST TH E INDIVIDUAL DECEDEN T’S ESTATE WITHIN THE LATER OF: 8
1. THE DATE THAT THE PER IOD OF LIMITATIONS 9
TERMINATES; OR 10
2. 1 YEAR AFTER THE APPOINTM ENT OF THE PERSONAL 11
REPRESENTATIVE OF TH E ESTATE; AND 12
(II) A CLAIM AGAINST AN IND IVIDUAL THAT ARISES AFTER THE 13
INDIVIDUAL’S DEATH MAY BE PRESE NTED AGAINST THE IND IVIDUAL DECEDENT ’S 14
ESTATE WITHIN THE LA TER OF: 15
1. THE DATE THAT THE PERIOD OF LIMITA TIONS FOR 16
FILING THE CLAIM TER MINATES; OR 17
2. 2 YEARS AFTER THE APPO INTMENT OF THE 18
PERSONAL REPRESENTAT IVE OF THE ESTATE . 19
(2) FOR PURPOSES OF THIS SUBSECTION, IF A PERIOD OF MORE THAN 20
2 YEARS PASSES AFTER A DECEDENT’S DEATH BUT B EFORE THE PERSONAL 21
REPRESENTATIVE FOR T HE DECEDENT ’S ESTATE IS APPOINTE D, THE PERSONAL 22
REPRESENTATIVE SHALL BE DEEMED TO HAVE BE EN APPOINTED ON THE LAST DAY 23
OF THE 2–YEAR PERIOD. 24
(b) A claim for slander against an estate of a decedent that arose before the death 25
of the decedent is barred even if an action was commenced against and service of process 26
was effected on the decedent before the decedent’s death. 27
[(c) A claim against the estate based on the conduct of or a contract with a personal 28
representative is barred unless an action is commenced against the estate within 6 months 29
after the date the claim arose.] 30
[(d)] (C) Nothing in this section shall affect or prevent an action or proceeding 31
to enforce a mortgage, pledge, judgment or other lien, or security interest on property of 32
the estate. 33
SENATE BILL 730 3
[(e) If the decedent had been duly served with process before the decedent’s death, 1
nothing in this section shall affect an action for injuries to the person or damage to property 2
that was commenced against the decedent.] 3
[(f)] (D) A claim filed by the Maryland Department of Health against the estate 4
of a deceased Maryland Medical Assistance Program recipient, as authorized under § 5
15–121(a) of the Health – General Article, is forever barred against the estate, the personal 6
representative, and the heirs and legatees, unless the claim is presented within the earlier 7
of the following dates: 8
(1) 6 months after publication of notice of the first appointment of a 9
personal representative; or 10
(2) 2 months after the personal representative mails or otherwise delivers 11
to the Department’s Division of Medical Assistance Recoveries a copy of a notice in the form 12
required under § 7–103 of this article or other written notice, notifying the Department 13
that the claim shall be barred unless the Department presents its claim within 2 months 14
from the receipt of the notice. 15
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 16
apply only prospectively and may not be applied or interpreted to have any effect on or 17
application to any claim arising before the effective date of this Act. 18
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 19
October 1, 2022. 20