Detailed Answer
In Maryland, a personal representative must provide notice to creditors before distributing estate assets. When this requirement is met, unknown creditors typically lose the right to file claims after two years. To rely on Maryland’s two-year rule, [CLIENT] needs to confirm that the original estate complied with the notice provisions in Maryland Code, Estates & Trusts Article.
1. Understand Maryland’s Creditor Notice Requirements
Maryland law requires two types of notice under ET §7-201:
- Mail Notice to Known Creditors: Within 30 days of appointment, the personal representative must mail notice to all creditors listed in the estate’s inventory. (Md. Code Ann., Est. & Trusts §7-201(b), available at mgaleg.maryland.gov ges&t=7-201.)
- Publication in Newspaper: The representative must publish notice once a week for three consecutive weeks in a paper of general circulation in the county where the estate is administered. (Md. Code Ann., Est. & Trusts §7-201(e), mgaleg.maryland.gov ges&t=7-201.)
2. Confirm Claim-Filing Deadlines
After notice, creditors must present claims within the deadlines set in ET §7-204:
- Known Creditors: Two months from the date the mailing was sent, or six months from the first publication date, whichever is later.
- Unknown Creditors: Six months from the first publication date for unknown or unlisted creditors.
If these deadlines pass without a filed claim, the estate may close. Under many estate-closing rules, no new claims may arise after two years from the decedent’s date of death or first publication, subject to narrow exceptions. [CLIENT] can rely on this two-year bar only if notice requirements were properly satisfied.
3. Steps to Verify Notice Compliance
- Obtain the probate case file from the Register of Wills. Look for filings titled “Proof of Mailing” and “Affidavit of Publication.”
- Review the docket entries to confirm the dates the notice was mailed and first published.
- Check the estate inventory for a list of known creditors and compare it against the mailed-notice list.
- Request certified copies of the newspaper publication from the paper’s archives or the Register of Wills.
- Confirm that the published notice ran for three consecutive weeks as required by ET §7-201(e).
Helpful Hints
- Use the Maryland Judiciary Case Search to obtain the probate docket online.
- Contact the newspaper directly if the Register of Wills has only summary records of publication.
- Compare mailing proof to the estate’s creditor list to ensure no known creditor was omitted.
- Look for entry stamps on mailed-notice affidavits to confirm the 30-day mailing deadline.
- Keep copies of all documents and affidavits in one file for easy reference.
Disclaimer: This article is for educational purposes only. It does not constitute legal advice. For guidance in your specific matter, consult a licensed Maryland attorney.