New Maryland Law Elevates Priority for Unpaid Child Support in Probate

A new law (House Bill 261) was recently passed that will make child support payments a higher priority in the hierarchy of claims against an estate. The new law goes into effect in October of 2025. Previously, child support was placed under “All Other Claims” at the bottom of the list. The new law moves child support payments to sixth on the list.

Updated Payment Hierarchy for a Maryland Estate:

1. Fees due to the Register of Wills;
2. Costs and expenses of administration;
3. Funeral expenses;
4. Compensation of Personal Representatives, legal services, and commissions of licensed real estate brokers;
5. Family allowance;
6. Unpaid child support due by the decedent;
7. Taxes due by the decedent;
8. Reasonable medical, hospital, and nursing expenses of the last illness of the decedent;
9. Rent payable by the decedent for not more than three months in arrears;
10. Wages, salaries, or commission for services performed for the decedent within three months prior to death of the decedent;
11. Assistance paid under the Public Assistance to Adults Program; and
12. All other claims. 

This change only impacts decedents with unpaid child support due. Under the new law, this debt will now be elevated over other claims, such as unpaid taxes and medical bills, and could reduce the funds available to heirs or creditors. The goal of HB 261 is to protect the financial interest of children, ensuring their claims have a higher priority in the probate process.

For a free, confidential conversation to discuss estate administration or the probate process in general, contact Maryland estate attorney Stephen J. Reichert at 410-299-4959 or sreichert@reichertlegal.com.

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