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Maryland Probate: Creditor Filing Deadline

Baltimore_AttorneyHow long do creditors have to file a claim against an estate in Maryland?

Maryland Estates & Trusts law provides that creditors, except for those otherwise exempt by statute, have six (6) months from the date the decedent died to file claims. All claims against a Maryland estate of a decedent, whether due now or coming due in the future, whether they it be an absolute debt or contingent, and however the claim is founded—contract, tort or other basis—are forever barred from being claimed if they are not brought within the six (6) month period.

The six (6) month window can be shorten to two (2) months in Maryland if the attorney for the estate mails or delivers to all creditors a copy of a notice in a form required under Maryland Estates & Trusts law, notifying the creditors that any claim will be barred and rejected unless it is presented to the attorney and estate within two (2) months from the date of notice.

There are several exceptions to the above and many reasons why you may wish to wait much longer than this period before beginning distributions from the Maryland estate. There are also other important steps to complete before beginning distribution of assets including, but not limited to, filing an updated account with the Register of Wills for the county and cross-checking to make sure the estate knows of all creditor claims made against the estate.

If you are a creditor who is looking to file against a Maryland estate, you should file with the Register of Wills, in the county of the decedent, in a timely manner. You should also file with the Personal Representative and attorney for the estate. All filings should be tracked and documented appropriately.

For a free, confidential conversation to discuss this and other estate administration matters, including Maryland probate administration legal services in all twenty-three counties, contact Maryland probate administration attorney Stephen J. Reichert at 410-299-4959, or by clicking here.

Mr. Reichert can administer probate on behalf of the estate or for a modest fee he can be of assistance to the Personal Representative, as assistance is needed. For example, he can be available to give the correct legal answer and review or prepare probate filings before they are submitted to the county.

Day, evening and weekend appointments are available in office or at your residence. Mr. Reichert personally serves clients throughout the entire state of Maryland.

Attorney Reichert looks forward to assisting you with your Maryland probate needs.

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