Insolvent Probate Estate Claim-Payment Priority in Maryland

Short answer Maryland Estates and Trusts § 8-105 sets twelve payment classes for an estate short of applicable assets. Register fees come first, administration costs second, funeral expenses third, representative and professional compensation fourth, family allowance fifth, then child support, taxes, last-illness care, recent rent, recent wages, public assistance, and other claims. Claims within a class receive no preference over one another.
State
Maryland
Statute checked
October 5, 2026
Sources
4 statutes

At a glance

Statutory payment order§ 8-105(a) orders twelve classes when applicable assets cannot pay all claims; § 8-108(a) directs payment of allowed claims in that order after six months from death, subject to a court extension.
Administration costsRegister fees class 1; administration costs and expenses class 2; personal-representative and legal compensation and licensed broker commissions class 4 (§ 8-105(a)(1),(2),(4)).
Funeral and last illnessFuneral expenses class 3, with court allowance capped at $15,000 for an insolvent estate (§§ 8-105(a)(3), 8-106(c)); reasonable medical, hospital, and nursing expenses of last illness class 8 (§ 8-105(a)(8)).
Family and homestead allowancesFamily allowance class 5 (§ 8-105(a)(5)).
Taxes and public claimsTaxes due by decedent class 7; Public Assistance to Adults Program recovery class 11 (§ 8-105(a)(7),(11)).
Secured claimsUnder § 8-111, surrender security for payment on the full allowed claim; otherwise deduct proceeds from exhausted security or its agreed or court-determined value from the allowed amount.
Support and special debtsUnpaid child support class 6; up to three months' rent arrears class 9; wages, salary, or commissions for services in three months before death class 10 (§ 8-105(a)(6),(9),(10)).
General claimsAll other claims class 12 (§ 8-105(a)(12)).
Underfunded classNo claim receives preference over another in the same class; a presently due claim has no preference over one not yet due (§ 8-105(b)).

Requirements one by one

The payment ladder

Section 8-105 applies when the estate's applicable assets cannot satisfy all claims. It places register fees first and administration costs second. Funeral expenses are third. Compensation for the personal representative, legal services, and licensed broker commissions is fourth; the family allowance is fifth. Child support and taxes follow in classes six and seven.

Last-illness medical, hospital, and nursing expenses are class eight. Up to three months of the decedent's rent arrears is class nine; qualifying recent wages, salary, and commissions are class ten. The named public-assistance recovery is class eleven, and other claims are class twelve. Under § 8-108, the personal representative pays allowed claims in this order after six months from death, unless the court extends the time for good cause.

Funeral and secured claims

Under § 8-106, funeral payment is subject to § 8-105's priorities. The court allows expenses according to the decedent's circumstances; for an insolvent estate the allowance cannot exceed $15,000. Last-illness care has its own later class.

Under § 8-111, the personal representative calculates payment on a secured claim at its full allowed amount if the creditor surrenders the security. Otherwise, the amount payable from the estate is reduced by what the creditor realized from exhausted security, or by the security's agreed or court-determined value when it has not been exhausted.

What trips people up

Section 8-105(b) forbids preferring one claim over another within the same class. A claim already due also has no preference over one not yet due. That equal-rank rule matters when a class cannot be paid in full.

Common questions

Does funeral expense come before the family allowance? Yes. Section 8-105 places funeral expenses third and the family allowance fifth, with professional compensation between them.

Are unpaid child support and taxes in the residual class? No. Sections 8-105(a)(6) and (7) place them in their own classes before last-illness care and general claims.

Statutes and sources

  • Md. Code, Est. & Trusts §§ 8-105, 8-106, 8-108, and 8-111. Verbatim official text, links, and access dates appear in the source fields above.

Source links

Every statute quoted above, linked, with the date we checked it.

Md. Code, Est. & Trusts § 8-105 · accessed 2026-10-05
Md. Code, Est. & Trusts § 8-106 · accessed 2026-10-05
Md. Code, Est. & Trusts § 8-108 · accessed 2026-10-05
Md. Code, Est. & Trusts § 8-111 · accessed 2026-10-05
This page summarizes statutory probate payment priorities, not advice about a specific estate or claim. Claim validity, federal law, liens, and court orders can change the result. Check current official law and consult a licensed adviser before acting.

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