MD Executor Guide
Maryland Statute of Limitations on Debt: What an Executor Needs to Know
A collector is calling about a debt of someone who died. Two separate clocks decide what happens next — and most guidance only tells you about one of them.
What the statute says
Maryland’s general limitation, Courts & Judicial Proceedings § 5-101, provides in full that “A civil action at law shall be filed within three years from the date it accrues unless another provision of the Code provides a different period of time within which an action shall be commenced.”
Read the verb: the action must be commenced within the period. A limitations statute governs the window for bringing a lawsuit. It does not declare the debt paid, and it does not stop a collector writing to you.
The 12-year exception worth checking first
Before assuming three years, check what kind of obligation it is. Under § 5-102 an action on a specialty — a promissory note or other instrument under seal, a bond, a judgment, a recognizance, or a contract under seal — runs 12 years, or 12 years from the death of the last to die of the principal debtor or creditor, whichever is sooner. An old judgment against the decedent is the one that catches executors out: it is not a three-year item.
The clock most executors are never told about
General debt-limitations advice is written for living debtors. An estate has its own, separate creditor deadline, and it is usually far shorter than 3 years:
A claim is barred unless presented within the earlier of six months after the date of death, or two months after the personal representative mails or otherwise delivers notice to that creditor. The same two dates appear in the statutory notice form at § 7-103(b), which is the form the personal representative actually mails. Claims by the Maryland Department of Health run on their own separate timeline.
The practical order of questions is therefore: first, has the estate’s own claim window closed? Second, and only if it has not, is the underlying debt already outside the 3-year limitation period? A great many claims against estates are resolved on the first question alone.
Can a payment restart the clock in Maryland?
No — and Maryland is unusual in saying so by statute, which is the single most useful thing on this page. Cts. & Jud. Proc. § 5-1202(b)(1) provides that “notwithstanding any other provision of law, any payment toward, written or oral affirmation of, or any other activity on the debt that occurs after the expiration of the statute of limitations applicable to the consumer debt collection action does not revive or extend the limitations period.” Subsection (a) goes further and bars a creditor or collector from even initiating a consumer debt collection action after the period expires. Neither Pennsylvania nor New Jersey has an equivalent provision. One carve-out: § 5-1202(b)(2) preserves the position where the debtor and creditor entered a separate written agreement or payment plan before the period expired.
Is this debt outside the limitation period?
Enter the date of the last activity on the account — typically the last payment or last charge, though what starts the clock can itself be contested. This shows where the 3-year mark falls:
Estimate only. When the period starts (“accrual”) is a legal question, some obligations run on longer periods, and the period can be paused or affected by other events. This does not tell you whether a specific claim is barred — a Maryland attorney can.
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Frequently asked questions
What is the statute of limitations on debt in Maryland?
Three years for most civil actions, including ordinary contract and credit-card debt. Courts & Judicial Proceedings § 5-101 provides that “a civil action at law shall be filed within three years from the date it accrues unless another provision of the Code provides a different period.” Maryland’s three years is the shortest of the three states ExecutorPilot covers.
Is every debt three years in Maryland?
No, and this is the exception to check before assuming. Under § 5-102 an action on a specialty runs 12 years — that covers a promissory note or other instrument under seal, a bond, a judgment, a recognizance, or a contract under seal, or 12 years from the death of the last to die of the principal debtor or creditor if that comes sooner. An old judgment against the person who died is the item that most often surprises an executor.
Can a payment restart the clock on time-barred debt in Maryland?
No. Cts. & Jud. Proc. § 5-1202(b)(1) provides that “notwithstanding any other provision of law, any payment toward, written or oral affirmation of, or any other activity on the debt that occurs after the expiration of the statute of limitations… does not revive or extend the limitations period.” Subsection (a) also bars a creditor or collector from initiating a consumer debt collection action after the period expires. One carve-out in § 5-1202(b)(2) preserves a separate written agreement or payment plan entered into before the period ran out.
Does the statute of limitations erase the debt?
No, and this is the distinction that matters. A limitations statute says an action “must be commenced within” a period — it limits the window for filing suit, rather than cancelling what is owed. A time-barred debt still exists, can still be reported for as long as credit-reporting rules allow, and a collector may still ask for payment. What changes is the enforcement route through the courts.
Are heirs personally responsible for the decedent’s debts?
Generally no. Debts of the person who died are claims against the estate, paid from estate assets before anything is distributed, not personal obligations of the children or other heirs. The common exceptions are debts someone co-signed or held jointly, and situations where an heir has already received a distribution the estate turns out to have needed. If the estate cannot pay everyone, stop and take advice before paying anyone, because paying a lower-priority creditor ahead of a higher one can create personal exposure for the personal representative.