# Courts and Judicial Proceedings (GCJ)

## Title 10. Evidence

### Subtitle 8. Simultaneous Death

#### Section 10-807

(a)

  (1) Except as provided in paragraph (2) of this subsection, a payor or other third party is not liable for having made a payment, transferred an item of property, conferred a benefit, or taken any other action in good faith reliance on an individual's apparent entitlement under the terms of a governing instrument.

  (2) A payor or third party is liable for payment made or other action taken after the payor or third party received written notice of a claimed lack of entitlement in accordance with subsection (b) of this section.

(b) A written notice of a claimed lack of entitlement shall be:

  (1) Sent by registered or certified mail, including proof of delivery, to a payor's or third party's home or work address; or

  (2) Served on the payor or third party in the same manner as a summons in a civil action.

(c)

  (1) On receipt of notice in accordance with subsection (b) of this section, a payor or third party may:

    (i) If probate proceedings have commenced, pay any amount owed or transfer or deposit any item of property held by the payor or third party to or with the court having jurisdiction of the probate proceedings related to the decedent's estate; or

    (ii) If no probate proceedings have been commenced, pay any amount owed or transfer or deposit any item of property held by the payor or third party to or with the court having jurisdiction of probate proceedings relating to decedents' estates located in the county of the decedent's residence.

  (2) A court that holds property in accordance with this subsection shall order disbursement in accordance with a determination made under this subtitle.

(d) If a payor or third party distributes assets based on apparent entitlement:

  (1) The recipient is not liable for or obligated to return:

    (i) Property purchased for value, unless the purchaser had notice of a dispute regarding entitlement to the property; or

    (ii) A payment, an item of property, or a benefit received in partial or full obligation of a legally enforceable obligation; and

  (2) The recipient is obligated to return or is personally liable for the cost of a payment, an item of property, or a benefit that was distributed:

    (i) Not-for-value; or

    (ii) Under a provision that is preempted by federal law.

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Md. Code Ann., Cts. & Jud. Proc. (as displayed at mgaleg.maryland.gov, October 16, 2026)