Detailed Answer
When someone dies in Maryland, the personal representative (PR) of the estate must notify creditors so they can present claims against the estate. Maryland law sets specific procedures and timelines. Below is a step-by-step guide:
1. Personal (Known) Creditor Notice
Within 30 days after appointment, the PR must mail a copy of the statutory notice to each known creditor. This includes medical debt collectors if the PR knows of outstanding medical bills. The notice must:
- Be sent by certified mail, return receipt requested.
- Contain the estate file number, the court name, the PR’s name and address, and the deadline for filing claims.
- Explain that claims must be sent to the PR or the estate’s attorney.
Statutory reference: Md. Est. & Trusts Code Ann. § 7-201 (link).
2. Publication (Unknown) Creditor Notice
Within 30 days of qualification, the PR must publish a notice to unknown creditors in a newspaper of general circulation in the county where probate is filed. Requirements:
- Run the notice once a week for three consecutive weeks.
- Include the same basic information as in the mailed notice.
Statutory reference: Md. Est. & Trusts Code Ann. § 7-202 (link).
3. Deadline to File Claims
Maryland law sets two deadlines:
- Three months after personal notice for creditors who receive mailed notice.
- One year after the first date of publication for creditors who rely solely on newspaper notice.
After these deadlines, late claims are barred unless the PR or estate consents. See Md. Est. & Trusts Code Ann. § 7-203 (link).
4. Content Requirements for All Notices
Every notice—mailed or published—must state:
- Name of the decedent and date of death.
- Name and address of the PR.
- Court name and estate file number.
- Reminder of deadlines for filing claims.
5. Special Considerations for Medical Debt Collectors
Medical providers are creditors like any other. They cannot force payment until they present a valid claim within the statutory deadlines. If a medical debt collector contacts the estate after the deadlines, the PR can refuse to honor the claim unless the collector obtains consent from the PR or a court order.
Helpful Hints
- Maintain proof of mailing (certified mail receipts).
- Save publication affidavits from the newspaper.
- Track deadlines on a calendar to avoid barred claims.
- Keep copies of every notice and any creditor response.
- Consult local court rules for county-specific publication requirements.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a qualified attorney about your specific situation.