Detailed answer — What happens if a creditor files after the 90‑day notice period?

In Maryland probate, the personal representative (executor or administrator) must give creditors notice that claims against the estate should be presented. Maryland law creates time limits for presenting those claims. Generally, a creditor who does not present a claim within the statutory time limits risks having the claim barred against the probate estate. The main rules you should know:

• Two common deadlines:
  • A creditor normally must present its claim within three months after the personal representative mails notice to known creditors.
  • There is also a backstop deadline of six months after the decedent’s death for any creditor who did not receive timely notice. In practice, a claim filed later than these deadlines will usually be barred.
• Effect of filing after the 90 days: If a creditor files a claim after the 90‑day period that applied to known creditors, the personal representative can oppose the claim as untimely. If the court agrees the statutory deadlines have run, the claim will typically be disallowed (barred) from recovering from probate assets.
• Court discretion and exceptions: Maryland courts can allow late claims in limited situations — for example, if the creditor did not receive proper notice, if there was excusable neglect, or if equity warrants relief. A creditor seeking allowance of a late claim usually must ask the probate court to permit the late filing and explain why the delay was reasonable or unavoidable.
• Allowance by the personal representative: The personal representative may, at their discretion, pay a claim even if it is late. If the representative pays, the estate will be reduced accordingly. The representative’s voluntary payment generally waives the estate’s right to assert the bar based on the statutory deadline.
• Claims outside probate: A creditor may still pursue recovery outside probate in limited circumstances (for example, against nonprobate assets or against transfers that were fraudulent or voidable). But those routes involve different procedures and are not automatic substitutes for a timely probate claim.
• What happens if a late creditor sues? If a creditor files a lawsuit after the deadline, the personal representative should raise the statutory bar as an affirmative defense and move to dismiss or seek summary judgment. The court will then decide whether an exception applies or whether the claim is barred.

For the statutory language and formal rules that govern presentation of creditor claims in Maryland probate, see the Maryland Code (Estates & Trusts). A helpful Maryland Courts resource on creditor claims and the probate process is available from the Maryland Judiciary: Maryland Courts — Creditors and Probate. For the governing code provisions, see the Maryland Code, Estates and Trusts (statutes addressing presentment and time limits): Md. Code, Est. & Trusts §7-103.

Takeaway: A claim filed after the 90‑day notice period is often barred, but there are important exceptions and procedural steps a creditor or the personal representative can take. Prompt action after discovering a late claim is important.

Disclaimer: This content is educational only and is not legal advice. Consult a Maryland probate attorney to evaluate specific facts and options.

Helpful hints — What to do next (for creditors and personal representatives)

• If you are a creditor who missed the 90‑day deadline, contact the personal representative immediately and provide documentation of the debt, when it arose, and any reason you did not receive or respond to notice.
• If notice was never mailed to you or you can show you were not reasonably notified, gather evidence (mailing records, correspondence, dates) to support a motion to allow a late claim.
• If you are a personal representative and receive a late claim, review the claim documents promptly and consult counsel before paying; a voluntary payment may waive the estate’s right to assert the statute of limitations.
• If you plan to ask the court to permit a late claim, be prepared to show excusable neglect, lack of notice, or other equitable grounds. Courts weigh the reasons for delay and any prejudice to the estate.
• Document everything. Keep accurate records of notices mailed or published, dates received, and communications with creditors.
• If probate assets remain and a late claim is allowed, consider whether you can resolve the claim through negotiation or court-supervised allowance to avoid prolonged litigation.
• Consult a Maryland probate attorney quickly. Time limits and statutory nuances matter; a lawyer can advise whether a late claim may be permitted or how to defend the estate.