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Maryland Creditor Claims
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Maryland Creditor Claims

How Maryland creditor claims work: the bar runs at the earlier of six months from death or two months after the personal representative mails written notice.

By Settled Editorial

Maryland gives creditors a short, firm deadline. A claim against the estate is barred unless the creditor presents it within the earlier of two dates: six months after the date of death, or two months after the personal representative mails the creditor written notice. That rule sits in Md. Code, Estates and Trusts §8-103, and the clock does not restart.

The worry behind most searches is simple. You pay out the estate, a bill you never heard of shows up, and you are left holding it. Maryland gives you a built-in way to lower that risk. The notice of appointment puts creditors on a short published deadline, mailed notice can shorten it further for a creditor you know about, and the administration process lets you close the books before you hand anything to the heirs. This guide walks the sequence and cites the exact Estates and Trusts section for each step.

Read this next to the Maryland executor duties guide, the Maryland debt payment priority guide, and the Maryland probate accounting guide. To find the office that opens the estate and takes claims, use the Maryland Register of Wills directory.

The Six-Month Bar and the Two-Month Bar

Maryland does not leave creditor claims open-ended. Under §8-103, a claim against the estate is forever barred unless the creditor presents it within the earlier of two dates. The first is six months after the date of the decedent's death. The second is two months after the personal representative mails or otherwise delivers to that creditor a copy of a notice telling the creditor to present the claim.

Read the word "earlier" carefully, because it decides everything. If you do nothing, the six-month clock from the date of death runs on its own. If you mail written notice to a creditor and that two-month window closes before the six months are up, the earlier of the two dates controls, and the claim is barred at the shorter deadline. Mailing notice is how you pull a known creditor's deadline forward instead of waiting out the full six months. (Source: Md. Code, Estates and Trusts §8-103, mgaleg.maryland.gov.)

The Register of Wills Publishes the Notice of Appointment

Maryland runs probate through two offices in each of its 24 jurisdictions. The elected Register of Wills opens the estate, files the will, appoints the personal representative, keeps the records, and receives claims. The Orphans' Court, a three-judge probate court, supervises the administration and hears disputes over contested claims. In Montgomery, Harford, and Howard counties there is no separately elected Orphans' Court, so the Circuit Court judges sit as the Orphans' Court instead.

Once the personal representative is appointed, the Register of Wills has a notice of appointment published in a newspaper of general circulation in the county, once a week for three successive weeks. That published notice announces the appointment and the personal representative's address and tells creditors to present their claims. Publication puts the general public of unknown creditors on the six-month clock. (Source: Md. Code, Estates and Trusts §7-103, mgaleg.maryland.gov.)

Mail Written Notice to Known Creditors

Publication handles the creditors you cannot name. Mailing handles the ones you can. If you already know a creditor exists, sending that creditor written notice starts the separate two-month clock in §8-103 against that person. When two months pass after the mailing and the creditor has not presented a claim, the claim is barred even if the full six months from the date of death have not run.

The practical move is to build a list of everyone the decedent owed, mail each one written notice early, and keep proof of the date you mailed it. That single date sets the two-month deadline for that creditor, and a documented mailing is what lets you close a known account with confidence rather than guessing. (Source: Md. Code, Estates and Trusts §8-103, mgaleg.maryland.gov.)

How a Creditor Presents a Claim

A Maryland claim is a written act, not a phone call. Under §8-104, a creditor has three ways to present a claim. The creditor can deliver or mail a verified written statement of the claim to the personal representative, stating the basis of the claim, the name and address of the claimant, and the amount. The creditor can file the claim with the Register of Wills in the county where the estate is being administered and deliver a copy to the personal representative. Or, when the cause of action survives death, the creditor can commence an action against the estate within the claim period.

If you are the personal representative, hold each claim to that standard before you treat it as valid. Ask for the written statement, the amount, and the basis. If you are a creditor, put the paperwork together the first time so the personal representative and the Register of Wills can act on it. A claim that never gets presented in one of these forms does not have to be paid. (Source: Md. Code, Estates and Trusts §8-104, mgaleg.maryland.gov.)

Pay Claims in the Statutory Order Before You Distribute

Once claims are in, the order of payment governs, and it matters most when the estate cannot cover everything. Under §8-105, the personal representative pays claims by class, and no claim in a lower class is paid ahead of a claim in a higher one. Within a single class, if the money runs short, the claims are paid without preference, one over another.

The order runs like this:

  1. Fees due to the Register of Wills
  2. Costs and expenses of administration
  3. Funeral expenses, within the statutory limit
  4. Compensation of the personal representative, attorneys, and any real estate broker
  5. The family allowance for the surviving spouse and minor children under §3-201
  6. Unpaid child support the decedent owed
  7. Taxes due by the decedent
  8. Reasonable medical, hospital, and nursing expenses of the last illness
  9. Rent in arrears, up to three months
  10. Wages, salaries, or commissions for services performed within three months before death
  11. Public assistance payments the State may recover
  12. All other claims

When the estate is solvent and can pay everyone in full, the order matters less. When it cannot, the order decides who gets paid, and paying a low-priority creditor ahead of a high-priority one can leave you personally liable for the shortfall. The Maryland debt payment priority guide works through each class and how it applies to an insolvent estate. (Source: Md. Code, Estates and Trusts §8-105, mgaleg.maryland.gov.)

File the Inventory Within Three Months

The claim window runs alongside a filing deadline you cannot miss. Under §7-201, the personal representative prepares and files an inventory of the property the decedent owned at death within three months after the appointment. The inventory tells the Register of Wills and the Orphans' Court what the estate holds.

The two timelines overlap on purpose. You file the inventory so the court knows the size of the estate, and the notice of appointment tells creditors to come forward against those assets. When the inventory shows the estate is worth $50,000 or less, or $100,000 or less when the surviving spouse is the sole heir or legatee, the estate can settle as a small estate through the Register of Wills instead of full administration. Check whether the small estate track applies before you run the entire creditor sequence. (Source: Md. Code, Estates and Trusts §7-201, mgaleg.maryland.gov.)

Do Not Distribute Until the Claim Period Runs

Distribution is the last step, and it comes after the claim window, the debts, and the account. A name in the will is not permission to pay a beneficiary on day one. Under §8-101, once the estate is closed a creditor can still reach the people who received distributions, or the former personal representative, so early money paid out can come back to bite you. Before you hand anything over, walk this checklist:

  1. Has the Register of Wills published the notice of appointment?
  2. Have you mailed written notice to each creditor you already know about, and kept proof of the date?
  3. Have the six months from the date of death run, and have the two-month mailed-notice windows closed?
  4. Did you review each presented claim against the §8-104 written standard?
  5. Have you paid valid claims in the §8-105 order?
  6. Has the family allowance and any surviving-spouse elective share been addressed if they apply?
  7. Is your administration account ready to file with the Register of Wills?

Let the claim period run before you distribute. Rushing the calendar to satisfy a relative who wants the money now is how personal representatives end up covering a bill themselves. When the debts are cleared and the account is confirmed, distribute and file your final papers. See the Maryland probate accounting guide for how the account ties this together, and the Maryland executor duties guide for the full duty sequence. (Source: Md. Code, Estates and Trusts §8-101, mgaleg.maryland.gov.)

Common Questions

How long do creditors have to file a claim against a Maryland estate?

Creditors have until the earlier of two deadlines under §8-103: six months after the date of the decedent's death, or two months after the personal representative mails that creditor written notice. Whichever date comes first is the one that bars the claim, so mailed notice can shorten a known creditor's window below six months.

Does Maryland require a published notice to creditors?

Yes. After the personal representative is appointed, the Register of Wills has a notice of appointment published in a newspaper of general circulation in the county, once a week for three successive weeks under §7-103. That publication tells creditors to present their claims and runs the six-month clock for creditors you cannot name.

How does a creditor present a claim in Maryland?

Under §8-104, a creditor can deliver or mail a verified written statement of the claim to the personal representative, file the claim with the Register of Wills and send the personal representative a copy, or commence a surviving legal action against the estate within the claim period. A phone call or informal mention is not a presented claim.

Should I mail notice to creditors I know about?

Yes, in most estates. Mailing written notice to a known creditor starts the two-month clock in §8-103 for that creditor. When two months pass without a presented claim, the claim is barred even if the six months from death have not run, so mailing shortens a known deadline and lets you close that account sooner. Keep proof of the mailing date.

Can I be personally liable for estate debts in Maryland?

You can, if you distribute before the claim period closes or pay creditors out of the §8-105 order. Publishing the notice of appointment, mailing notice to known creditors, letting the deadlines run, reviewing each claim, and paying in the statutory order are how you lower that risk. Confirm the steps with your Register of Wills or a Maryland attorney.

This guide is general information about Maryland estates. It is not legal advice. Confirm anything that affects your situation with the Register of Wills, the Orphans' Court, or a licensed Maryland attorney.

Sources:

It is not legal advice.

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Settled Estate is not a law firm and does not give legal advice.

Information current as of July 21, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Maryland can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

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