Probate Notice to Creditors and Claim Deadlines in Maryland
At a glance
| Governing law and claims regime | Estates and Trusts nonclaim regime; ordinary claim barred against estate, representative, heirs, and legatees on earlier death/notice formula (§ 8-103) |
|---|---|
| Who publishes and when | Register publishes after appointment; representative files or has filed publication certification (§ 7-103(a)) |
| Publication frequency, place, and contents | Once weekly for 3 successive weeks in general-circulation county newspaper; appointment/address, death, objections, earlier-of claim clocks, first-publication date (§ 7-103) |
| Known-creditor search standard | No general known/reasonably-ascertainable search method stated in §§ 7-103, 8-103, or 8-104 |
| Direct notice: recipients, timing, and contents | Representative may mail/deliver published or other written bar notice to a creditor; no mandatory recipient class or send-by time in ordinary § 8-103(a) |
| Where, how, and in what form to present a claim | Deliver/mail verified statement to representative, or file verified statement with register; after appointment file in probate county and copy representative; basis, claimant/address, amount, due date, contingency, security (§ 8-104) |
| Publication- or service-based claim deadline | Ordinary claims: no publication-based short deadline; targeted notice creates 2-month clock, subject to earlier 6-month death date (§ 8-103(a)) |
| Death-based outer bar | Ordinary claim: 6 months after death, unless earlier 2-month notice date; government exceptions and Medical Assistance formula differ (§ 8-103) |
| Extensions, late claims, and no-asset rules | No general extension/no-asset branch stated; surviving cause may proceed by timely action without separate statement (§ 8-104(d)) |
| Lien, insurance, tax, and other exceptions | U.S./State statute exceptions; lien/security enforcement; predeath-served injury/property action; insurance-only late action; Medical Assistance publication/notice formula (§§ 8-103 to -104) |
Requirements one by one
Publish the appointment, but do not start the ordinary clock from publication
Under Estates and Trusts § 7-103, the register publishes after appointment once a week for three successive weeks in a general-circulation newspaper in the appointment county. The notice identifies the representative and address, the decedent and death, objection periods, claim formula, and first-publication date. The representative files or has filed a publication certification.
For ordinary creditor claims, publication is notice of administration but is not the short-clock trigger. Section 8-103 uses death and targeted delivery.
Use targeted written notice only with its earlier-of consequence
The representative may mail or otherwise deliver the published notice or another written bar notice to a creditor. That creates a two-month period from mailing or delivery, but the ordinary statutory deadline is the earlier of that date and six months after death. The researched sections prescribe no general known-creditor search method or mandatory recipient list for targeted notice.
Medical Assistance uses a different formula: the earlier of six months after publication of the first appointment notice or two months after notice to the Division of Medical Assistance Recoveries.
Present the verified claim through either statutory route
Estates and Trusts § 8-104 lets a claimant mail or deliver a verified written statement to the representative. It also permits filing with the register. After appointment, filing must be in the probate county and a copy goes to the representative.
The statement gives the basis, claimant name and address, and amount. It also states the due date for an unmatured claim, the contingency for a contingent claim, and the security for a secured claim.
Preserve the statutory lien, action, and insurance routes
Section 8-103 preserves proceedings to enforce a mortgage, pledge, judgment, other lien, or security interest. It also preserves a personal-injury or property-damage action where the decedent was duly served before death.
A surviving cause may be pursued by an action without the separate written claim, but the action ordinarily must begin within the claim period. Section 8-104(e) permits a later covered-liability-insurance action within the general limitation period; recovery from the estate is limited to the policy amount.
What trips people up
The three-week publication does not create a three- or six-month publication-based deadline for ordinary creditors.
Targeted notice shortens rather than extends the ordinary period because the controlling date is the earlier of six months after death and two months after notice.
The Medical Assistance clock is not the general creditor clock. Its six-month branch runs from publication of the first appointment notice.
The insurance exception is limited to policy-backed recovery from the estate.
Common questions
Can a creditor file before a representative is appointed?
Yes. Section 8-104(c)(2) supplies register-filing locations before appointment.
Must a creditor both file and serve?
After appointment, a creditor using the register route files in the probate county and mails or delivers a copy to the representative. The statute also allows direct verified presentation to the representative.
Does a mortgage lien expire at six months?
No. Section 8-103(d) expressly preserves lien and security-interest enforcement.
Statutes and sources
- Md. Code, Est. & Trusts §§ 7-101 and 7-103 — publication and representative distribution protection: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=get§ion=7-103&enactments=false (accessed 2026-08-12).
- Md. Code, Est. & Trusts §§ 8-103 and 8-104 — bars, presentation, Medical Assistance, liens, surviving actions, and insurance: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=get§ion=8-103&enactments=false (accessed 2026-08-12).
Source links
Every statute quoted above, linked, with the date we checked it.
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