EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0261*
HOUSE BILL 261
N2 5lr1273
(PRE–FILED) CF SB 110
By: Delegate Forbes
Requested: October 18, 2024
Introduced and read first time: January 8, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Estates and Trusts – Priority of Claims on an Estate – Unpaid Child Support 2
FOR the purpose of prioritizing the payment of unpaid child support over certain other 3
claims on an estate of a decedent with insufficient assets to pay all claims in full; and 4
generally relating to unpaid child support and the priority of claims on an estate. 5
BY repealing and reenacting, with amendments, 6
Article – Estates and Trusts 7
Section 8–105 8
Annotated Code of Maryland 9
(2022 Replacement Volume and 2024 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
8–105. 14
(a) If the applicable assets of the estate are insufficient to pay all claims in full, 15
the personal representative shall make payment in the following order: 16
(1) Fees due to the register; 17
(2) Costs and expenses of administration; 18
(3) Funeral expenses as provided in § 8–106 of this subtitle; 19
(4) Compensation of personal representatives as provided in § 7–601 of this 20
article, for legal services as provided in § 7–602 of this article, and commissions of licensed 21 2 HOUSE BILL 261
real estate brokers; 1
(5) Family allowance as provided in § 3–201 of this article; 2
(6) UNPAID CHILD SUPPORT DUE BY THE DECEDENT ; 3
[(6)] (7) Taxes due by the decedent; 4
[(7)] (8) Reasonable medical, hospital, and nursing expenses of the last 5
illness of the decedent; 6
[(8)] (9) Rent payable by the decedent for not more than three months in 7
arrears; 8
[(9)] (10) Wages, salaries, or commission for services performed for the 9
decedent within three months prior to death of the decedent; 10
[(10)] (11) Assistance paid under the Public Assistance to Adults Program, 11
as provided in § 5–407(d) of the Human Services Article; and 12
[(11)] (12) All other claims. 13
(b) (1) A preference may not be given in the payment of a claim over another 14
claim of the same class. 15
(2) A claim due and payable is not entitled to a preference over claims not 16
yet due. 17
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 18
October 1, 2025. 19