§ 8-105

Maryland § 8-105

• Jurisdiction: Maryland
• Article get: Estates and Trusts
• Title: 8

Text

(a) If the applicable assets of the estate are insufficient to pay all claims in full, the personal representative shall make payment in the following order:

(1) Fees due to the register;

(2) Costs and expenses of administration;

(3) Funeral expenses as provided in § 8–106 of this subtitle;

(4) Compensation of personal representatives as provided in § 7–601 of this article, for legal services as provided in § 7–602 of this article, and commissions of licensed real estate brokers;

(5) Family allowance as provided in § 3–201 of this article;

(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, as provided in § 5–407(d) of the Human Services Article; and

(12) All other claims.

(b) (1) A preference may not be given in the payment of a claim over another claim of the same class.

(2) A claim due and payable is not entitled to a preference over claims not yet due.