Detailed Answer
When someone dies in Maryland, the decedent’s estate may owe money to creditors. A Notice to Creditors is the formal process personal representatives (also called executors or administrators) use to notify known and unknown creditors that the estate is open and that claims should be presented. The notice starts the clock for creditors to file claims and helps the personal representative resolve or defend claims before distributing estate assets.
Who files the notice?
The personal representative appointed by the Register of Wills or the court files or causes the notice to be given. If a personal representative has not yet been appointed, a person seeking appointment should talk to the Register of Wills or an attorney about filing for appointment so the estate can properly give notice to creditors.
Basic steps in Maryland
- Open probate / appoint a personal representative. File the necessary probate petition with the Register of Wills in the county where the decedent lived. The Register of Wills will issue letters of administration or letters testamentary once the personal representative is appointed.
- Identify known creditors. Compile a list of entities and individuals the estate likely owes money to (medical providers, credit cards, utilities, mortgage companies, etc.). Known creditors receive direct written notice.
- Prepare the Notice to Creditors. The notice generally identifies the decedent (name and county of residence), the estate file or probate case number, the name and contact information of the personal representative, and where and how a creditor should present a claim (a mailing address and the court/Register of Wills where the claim should be filed).
- Mail notice to known creditors. Send a copy of the notice to each known creditor, usually by first-class mail. Keep proof of mailing (certificates, postal receipts, or a detailed mailing log).
- Publish notice for unknown creditors. Publish the notice in a newspaper of general circulation in the county where the decedent last lived or as the Register of Wills directs. The notice gives potential unknown creditors the opportunity to make claims.
- File proof of notice with the Register of Wills. After publication and mailing, file affidavits or proofs of publication and mailing with the Register of Wills or file them in the probate case so the court record shows notice was given.
- Receive and review claims. Creditors present written claims to the estate. The personal representative evaluates each claim, pays valid claims from estate assets, or disputes/defends invalid claims following the statutory and court rules.
- Keep records and meet deadlines. Maintain copies of notices, mailing records, publication affidavits, and every claim. Timely documentation protects the personal representative and the estate.
Deadlines and legal framework
Maryland law sets rules for how notice to creditors is handled and for the timing for presenting claims. The Estates and Trusts laws govern presentation of claims and notice procedures. For the statutory framework, see the Maryland Code, Estates and Trusts (Title on presentation of claims): https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=est. The Register of Wills for the county where probate is opened can also give local instructions and required form language or steps.
Because rules and deadlines can vary with the type of estate administration (e.g., regular probate vs. summary administration vs. small estate), and because missed deadlines can bar valid claims or affect distributions, personal representatives should confirm the specific time limits and required steps with the Register of Wills or an attorney.
Common scenarios (examples)
Hypothetical A: A decedent dies owning a home and several unpaid medical bills. The personal representative is appointed, mails notice to the hospital and known credit-card companies, publishes a notice in the county paper, and files proofs with the Register of Wills. Creditors submit written claims; the representative reviews and pays valid, timely claims before distributing remaining assets to beneficiaries.
Hypothetical B: A decedent has few debts but an unknown creditor later files a claim after distribution. If the personal representative gave proper notice and followed required procedures, the estate record may limit the creditor’s ability to recover after distributions; if procedures were not followed, the estate (or personal representative) may remain exposed. That is why follow-through and proof of notice are important.
Where to file and who to contact
File forms and proofs with the Register of Wills (or the probate clerk) in the county where the decedent resided. County Register of Wills offices have local instructions and can explain required publication venues. For statutory guidance, review Maryland’s Estates & Trusts statutes online: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=est.
Because the statutory procedures and timelines affect rights and liabilities, consider consulting a probate attorney for complex estates, contested claims, or if you are unsure how to proceed.
Disclaimer
This article is educational only and is not legal advice. It does not create an attorney-client relationship. For advice about a specific estate or deadlines, consult a licensed Maryland attorney or the Register of Wills in the county where the decedent lived.
Helpful Hints
- Start by contacting the county Register of Wills. They provide probate intake instructions and local publication requirements.
- Make and keep a written list of known creditors and how/when you notified them. Proof of mailing matters.
- Use a clear, dated Notice to Creditors that lists the estate file number and the personal representative’s mailing address so creditors know where to send claims.
- Publish in the newspaper required by the Register of Wills; obtain and file the publisher’s affidavit showing the dates of publication.
- Do not distribute estate assets until you have handled or addressed reasonable creditor claims and tax obligations.
- If a creditor sues the estate, respond promptly. Missing deadlines can shut down defenses.
- Keep separate bank records for the estate. Avoid mixing personal and estate funds.
- If the estate is small or claims are simple, ask the Register of Wills about streamlined or small estate options that may limit notice requirements.
- When in doubt, get legal help. Probate attorneys can prepare notices, handle claim disputes, and protect the personal representative from personal liability.