<section article="get" article_name="Estates and Trusts" number="1-101" title_number="1" title_name="Estates of Decedents -- General Provisions" subtitle_number="1" subtitle_name="Definitions and Use of Terms; Purposes of Titles 1-12"> <level label="a"> <text>In this article the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Administrative probate” has the meaning stated in § 5–301 of this article.</text> </level> <level label="c"> <text>“Book” includes a form of electronic recordation.</text> </level> <level label="d"> <text>“Child” has the meaning stated in §§ 1–205 through 1–208 of this title.</text> </level> <level label="e"> <text>“County” includes Baltimore City.</text> </level> <level label="f"> <text>“Court” has the meaning stated in § 2–101 of this article.</text> </level> <level label="g"> <text>“Domestic partnership” has the meaning stated in § 6–101(a) of the Health – General Article.</text> </level> <level label="h"> <level label="1"> <text>“Environmental law” means a federal, State, or local law, rule, regulation, or ordinance that relates to the protection of the environment.</text> </level> <level label="2"> <text>“Environmental law” includes Title 16 of the Environment Article.</text> </level> </level> <level label="i"> <text>“Heir” means a person entitled to property of an intestate decedent pursuant to §§ 3–101 through 3–110 of this article.</text> </level> <level label="j"> <level label="1"> <text>“Interested person” means:</text> <level label="i"> <text>A person named as executor in a will;</text> </level> <level label="ii"> <text>A person serving as personal representative after judicial or administrative probate;</text> </level> <level label="iii"> <text>A legatee in being, whether the legatee’s interest is vested or contingent, except that a legatee whose interest has been fully paid or fully adeemed ceases to be an “interested person” on receipt of payment or notice of the ademption;</text> </level> <level label="iv"> <text>An heir even if the decedent dies testate, except that an heir of a testate decedent ceases to be an “interested person” when the register has given notice pursuant to § 2–210 or § 5–403(a) of this article;</text> </level> <level label="v"> <text>An heir or legatee whose interest is contingent solely on whether some other heir or legatee survives the decedent by a stated period if the other heir or legatee has died within that period;</text> </level> <level label="vi"> <text>A surviving spouse who has timely filed an election to take an elective share under § 3–403 of this article, except that the surviving spouse ceases to be an “interested person” on the election being withdrawn or ruled ineffective by a court of competent jurisdiction; or</text> </level> <level label="vii"> <text>A person who timely files a petition to caveat under § 5–207 of this article, except that the person ceases to be an “interested person” once the caveat proceeding has been disposed of.</text> </level> </level> <level label="2"> <text>“Interested person” includes:</text> <level label="i"> <text>A minor or other person under a disability; or</text> </level> <level label="ii"> <text>The judicially appointed guardian, committee, conservator or trustee for such person, if any, and if none, then the parent or other person having assumed responsibility for such person.</text> </level> </level> <level label="3"> <text>“Interested person” does not include an assignee of a legatee or an heir.</text> </level> </level> <level label="k"> <text>“Issue” has the meaning stated in § 1–209 of this title.</text> </level> <level label="l"> <text>“Judicial probate” has the meaning stated in § 5–401 of this article.</text> </level> <level label="m"> <text>“Legacy” means any property disposed of by will, including property disposed of in a residuary clause and assets passing by the exercise by the decedent of a testamentary power of appointment.</text> </level> <level label="n"> <level label="1"> <text>“Legatee” means a person who under the terms of a will would receive a legacy.</text> </level> <level label="2"> <text>“Legatee” includes a trustee.</text> </level> <level label="3"> <text>“Legatee” does not include a beneficiary of an interest under the trust.</text> </level> </level> <level label="o"> <text>“Letters” include letters testamentary and letters of administration.</text> </level> <level label="p"> <text>“Maryland Rules” means the rules promulgated by the Supreme Court of Maryland under the authority of the Constitution and laws of Maryland.</text> </level> <level label="q"> <text>“Net estate” means the property of the decedent exclusive of the family allowance and enforceable claims against the estate, except as used in §§ 3–102 and 3–203 of this article.</text> </level> <level label="r"> <level label="1"> <text>“Personal representative” includes an executor or administrator.</text> </level> <level label="2"> <text>“Personal representative” does not include a special administrator.</text> </level> </level> <level label="s"> <level label="1"> <text>“Property” includes both real and personal property, and any right or interest therein.</text> </level> <level label="2"> <text>“Property” refers to:</text> <level label="i"> <text>All real and personal property of a decedent; and</text> </level> <level label="ii"> <text>Any right or interest therein which does not pass, at the time of the decedent’s death, to another person by the terms of the instrument under which it is held, or by operation of law.</text> </level> </level> </level> <level label="t"> <text>“Register” has the meaning stated in § 2–201 of this article.</text> </level> <level label="u"> <text>“Registered domestic partner” means an individual in a registered domestic partnership.</text> </level> <level label="v"> <text>“Registered domestic partnership” means a domestic partnership that is registered in accordance with § 2–214 of this article.</text> </level> <level label="w"> <text>“Representation” has the meaning stated in § 1–210 of this title.</text> </level> <level label="x"> <text>“Special administrator” means an administrator appointed as provided in § 6–401 of this article.</text> </level> <level label="y"> <text>“Surviving registered domestic partner” means the registered domestic partner of a decedent at the time of the decedent’s death.</text> </level> <level label="z"> <text>“Trust company” means an institution that is authorized to exercise trust or fiduciary powers and that:</text> <level label="1"> <text>Is organized under the laws of this State as a State bank, trust company, or savings bank;</text> </level> <level label="2"> <text>Is organized under the laws of the United States and:</text> <level label="i"> <text>Has its principal office in this State;</text> </level> <level label="ii"> <level label="1"> <text>Has an office in this State that is not its principal office; and</text> </level> <level label="2"> <text>Meets the definition of a trust institution under 12 U.S.C. § 1841(c)(2)(D); or</text> </level> </level> <level label="iii"> <level label="1"> <text>Has an office in this State that is not its principal office; and</text> </level> <level label="2"> <text>Accepts deposits at its office in this State; or</text> </level> </level> </level> <level label="3"> <text>Is organized under the laws of another state as a bank, trust company, or savings bank and:</text> <level label="i"> <level label="1"> <text>Has an office in this State that is not its principal office;</text> </level> <level label="2"> <text>Meets the definition of a trust institution under 12 U.S.C. § 1841(c)(2)(D); and</text> </level> <level label="3"> <text>Is a direct or indirect subsidiary of a bank holding company that has a direct or indirect bank, trust company, or savings bank subsidiary that has an office in this State at which deposits are accepted; or</text> </level> </level> <level label="ii"> <level label="1"> <text>Has an office in this State that is not its principal office; and</text> </level> <level label="2"> <text>Accepts deposits at its office in this State.</text> </level> </level> </level> </level> <level label="aa"> <text>“Will” has the meaning stated in § 4–101 of this article.</text> </level> </section> <section article="get" article_name="Estates and Trusts" number="1-102" title_number="1" title_name="Estates of Decedents -- General Provisions" subtitle_number="1" subtitle_name="Definitions and Use of Terms; Purposes of Titles 1-12"> <level label="a"> <text>When a writing is required to be verified by this article, verification is sufficient if the writing is signed by the person required to make the verification, and if it contains the representation contained in subsection (b) of this section.</text> </level> <level label="b"> <text>The form of verification is:</text> <text>I do solemnly declare and affirm under the penalties of perjury that the contents of the foregoing document are true and correct to the best of my knowledge, information, and belief.</text> </level> <level label="c"> <text>Every inventory, account, and other document containing recitations of fact must be verified.</text> </level> </section> <section article="get" article_name="Estates and Trusts" number="1-103" title_number="1" title_name="Estates of Decedents -- General Provisions" subtitle_number="1" subtitle_name="Definitions and Use of Terms; Purposes of Titles 1-12"> <level label="a"> <level label="1"> <text>Unless personal service or some other method of notice is expressly required in this article or by the Maryland Rules, the first notice required to be given a person is sufficient if deposited as first-class mail, postage prepaid, addressed to the addressee at the address last known to the sender.</text> </level> <level label="2"> <text>At the expense of the estate, the orphans’ court may require or the personal representative may elect to have the first notice given by restricted delivery mail, postage prepaid, return receipt requested, addressed to the addressee at the address last known to the sender, with delivery restricted to the addressee.</text> </level> </level> <level label="b"> <text>A subsequent notice is sufficient if deposited as first-class mail, postage prepaid, addressed to the same address at which the first notice was received or, after notice in writing from the addressee of a change of address, to his new address.</text> </level> <level label="c"> <text>If no return receipt is received apparently signed by the addressee, and there is no proof of actual notice, no action taken in a proceeding may prejudice the rights of the person entitled to notice unless proof is made by verified writing to the satisfaction of the court or register that reasonable efforts to locate the addressee and warn him of the pendency of the action have been made.</text> </level> <level label="d"> <text>If the person to whom notice is sent is a minor or disabled person, and the minority or disability was not known to the sender at the time of the first notice, but was later discovered, any subsequent notice shall be sent to the judicially appointed guardian, if any, or, if none, the parent of the minor or disabled person, or other person who has assumed responsibility for the minor or disabled person.</text> </level> <level label="e"> <level label="1"> <text>A person, including a guardian or a guardian ad litem, may waive notice by a writing signed by the person or the person’s attorney and filed in the proceeding.</text> </level> <level label="2"> <text>A personal representative is not required to give notice to himself or herself.</text> </level> </level> </section> <section article="get" article_name="Estates and Trusts" number="1-104" title_number="1" title_name="Estates of Decedents -- General Provisions" subtitle_number="1" subtitle_name="Definitions and Use of Terms; Purposes of Titles 1-12"> <text>This article is dedicated to the memory of Roger D. Redden, Esquire. </text> </section> <section article="get" article_name="Estates and Trusts" number="1-105" title_number="1" title_name="Estates of Decedents -- General Provisions" subtitle_number="1" subtitle_name="Definitions and Use of Terms; Purposes of Titles 1-12"> <level label="a"> <level label="1"> <text>The purpose of the estates of decedents law is to simplify the administration of estates, to reduce the expenses of administration, to clarify the law governing estates of decedents, and to eliminate any provisions of prior law which are archaic, often meaningless under modern procedure and no longer useful.</text> </level> <level label="2"> <text>This article shall be liberally construed and applied to promote its underlying purpose.</text> </level> </level> <level label="b"> <text>Unless otherwise expressly provided, whenever the estates of decedents law states that a fact is presumed, the presumption is rebuttable.</text> </level> </section> <section article="get" article_name="Estates and Trusts" number="1-201" title_number="1" title_name="Estates of Decedents -- General Provisions" subtitle_number="2" subtitle_name="Determining Relationship"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Assisted reproduction” has the meaning stated in § 5–1001 of the Family Law Article.</text> </level> <level label="c"> <text>“Father” has the meaning stated in § 5–1001 of the Family Law Article.</text> </level> <level label="d"> <text>“Mother” has the meaning stated in § 5–1001 of the Family Law Article.</text> </level> </section> <section article="get" article_name="Estates and Trusts" number="1-201.1" title_number="1" title_name="Estates of Decedents -- General Provisions" subtitle_number="2" subtitle_name="Determining Relationship"> <text>In the absence of express language to the contrary, the rules of construction contained in this subtitle shall be applied in construing all provisions of the estates of decedents law and the terms of a will.</text> </section> <section article="get" article_name="Estates and Trusts" number="1-202" title_number="1" title_name="Estates of Decedents -- General Provisions" subtitle_number="2" subtitle_name="Determining Relationship"> <level label="a"> <text>A surviving spouse is not:</text> <level label="1"> <text>A person who has received an absolute divorce from the decedent or whose marriage to the decedent has been validly annulled;</text> </level> <level label="2"> <text>Except as provided in subsection (b) of this section, a person who has voluntarily appeared in a proceeding in which an absolute divorce between the decedent and the survivor, or an annulment of their marriage was obtained, even though not recognized as valid in this State;</text> </level> <level label="3"> <text>A person who participates in a marriage ceremony with a third person, after a decree or judgment of divorce or annulment obtained by the decedent; or</text> </level> <level label="4"> <text>A person who has been convicted of bigamy while married to the decedent.</text> </level> </level> <level label="b"> <text>Subsection (a)(2) of this section does not apply if the parties to the divorce or annulment subsequently remarry each other.</text> </level> </section> <section article="get" article_name="Estates and Trusts" number="1-203" title_number="1" title_name="Estates of Decedents -- General Provisions" subtitle_number="2" subtitle_name="Determining Relationship"> <level label="a"> <text>Degrees of relationship shall be reckoned according to the method of the civil law by beginning with either of the persons in question, ascending to the common ancestor, and then descending to the other person.</text> </level> <level label="b"> <text>One degree shall be counted for each step both ascending and descending.</text> </level> </section> <section article="get" article_name="Estates and Trusts" number="1-204" title_number="1" title_name="Estates of Decedents -- General Provisions" subtitle_number="2" subtitle_name="Determining Relationship"> <text>A relative of the half blood has the same status as a relative of the whole blood of the same degree.</text> </section> <section article="get" article_name="Estates and Trusts" number="1-205" title_number="1" title_name="Estates of Decedents -- General Provisions" subtitle_number="2" subtitle_name="Determining Relationship"> <level label="a"> <text>A child includes:</text> <level label="1"> <text>A natural child, an adopted child, and a child to the extent provided in §§ 1–206 through 1–208 of this subtitle; and</text> </level> <level label="2"> <text>A child conceived from the genetic material of a person after the death of the person if:</text> <level label="i"> <text>The person consented in a written record to use of the person’s genetic material for posthumous conception in accordance with the requirements of § 20–111 of the Health – General Article;</text> </level> <level label="ii"> <text>The person consented in a written record to be the parent of a child posthumously conceived using the person’s genetic material;</text> </level> <level label="iii"> <text>The child is born within 2 years of the person’s death; and</text> </level> <level label="iv"> <text>With respect to any trust, the person was the creator of the trust and the trust became irrevocable on or after October 1, 2012.</text> </level> </level> </level> <level label="b"> <text>A child does not include a stepchild, a foster child, or a grandchild or more remote descendant.</text> </level> </section> <section article="get" article_name="Estates and Trusts" number="1-206" title_number="1" title_name="Estates of Decedents -- General Provisions" subtitle_number="2" subtitle_name="Determining Relationship"> <level label="a"> <text>A child born or conceived during a marriage or registered domestic partnership is presumed to be the child of both spouses or registered domestic partners.</text> </level> <level label="b"> <level label="1"> <text>A child conceived by means of assisted reproduction during the marriage or registered domestic partnership of the child’s mother with the consent of the mother’s spouse or registered domestic partner is the child of both spouses for all purposes.</text> </level> <level label="2"> <text>Consent of the mother’s spouse or registered domestic partner is presumed.</text> </level> <level label="3"> <text>A child conceived by means of assisted reproduction after the death of the mother’s spouse or registered domestic partner and using the genetic material of the mother’s spouse or registered domestic partner is the child of both spouses or registered domestic partners if the child qualifies as a child of the mother’s spouse or registered domestic partner under § 1–205(a)(2) of this subtitle.</text> </level> </level> </section> <section article="get" article_name="Estates and Trusts" number="1-207" title_number="1" title_name="Estates of Decedents -- General Provisions" subtitle_number="2" subtitle_name="Determining Relationship"> <level label="a"> <level label="1"> <text>An adopted child shall be treated as a natural child of the child’s adopting parent or parents.</text> </level> <level label="2"> <text>Except as provided in paragraph (3) of this subsection, on adoption a child may not be considered a child of either natural parent.</text> </level> <level label="3"> <text>On adoption by the spouse of a natural parent, the child shall still be considered the child of that natural parent.</text> </level> </level> <level label="b"> <text>A child who has been adopted more than once shall be considered to be a child of the parent or parents who have adopted the child most recently and shall cease to be considered a child of the child’s previous parents.</text> </level> </section> <section article="get" article_name="Estates and Trusts" number="1-208" title_number="1" title_name="Estates of Decedents -- General Provisions" subtitle_number="2" subtitle_name="Determining Relationship"> <level label="a"> <text>A child born to or conceived by individuals who are not married or in a registered domestic partnership is the child of the child’s mother.</text> </level> <level label="b"> <text>A child born to or conceived by individuals who are not married or in a registered domestic partnership is the child of the individual who did not give birth to the child if:</text> <level label="1"> <text>The individual has been judicially determined to be the child’s parent in an action brought under Title 5, Subtitle 10 of the Family Law Article, and that determination has not been modified or set aside;</text> </level> <level label="2"> <text>The individual and the child’s mother consented to the conception of the child by means of assisted reproduction with the shared express intent to be the parents of the child, subject to the conditions under § 1–205(a)(2) of this subtitle if the child is conceived after the death of the individual; or</text> </level> <level label="3"> <text>The child’s mother identifies the individual as the other biological parent of the child and the individual agrees.</text> </level> </level> <level label="c"> <text>There is a rebuttable presumption that a child born to or conceived by individuals who are not married or in a registered domestic partnership is the child of an individual who did not give birth to the child if the individual:</text> <level label="1"> <text>Has acknowledged himself or herself, in writing, to be a parent of the child;</text> </level> <level label="2"> <text>Has openly and notoriously recognized the child to be the individual’s child; or</text> </level> <level label="3"> <text>Has subsequently married or registered a domestic partnership with the mother and has acknowledged himself or herself, orally or in writing, to be a parent of the child.</text> </level> </level> </section> <section article="get" article_name="Estates and Trusts" number="1-208.1" title_number="1" title_name="Estates of Decedents -- General Provisions" subtitle_number="2" subtitle_name="Determining Relationship"> <level label="a"> <text>An individual who is the presumed parent of a child under this subtitle shall be considered to be the child’s parent for all purposes, including inheritance, custody and visitation, support obligations, and Child in Need of Assistance proceedings, unless the presumption of parentage is rebutted in accordance with this section.</text> </level> <level label="b"> <level label="1"> <text>Except as provided in subsection (c) of this section, a presumption of parentage under this subtitle may be rebutted only if a court of competent jurisdiction determines in a written order that it is in the best interest of the child to receive and consider evidence that could rebut the presumption.</text> </level> <level label="2"> <text>A written order that it is not in the best interest of the child to rebut a presumption of parentage:</text> <level label="i"> <text>Conclusively establishes that the presumed parent is a parent of the child for all purposes; and</text> </level> <level label="ii"> <text>May be modified or set aside only on the basis of fraud, mistake, or irregularity.</text> </level> </level> </level> <level label="c"> <text>An individual who is the putative father of a child in a proceeding under Title 5, Subtitle 10 of the Family Law Article may obtain and use evidence of blood or genetic testing in the proceeding to the extent authorized under Title 5, Subtitle 10 of the Family Law Article to rebut a presumption of parentage under § 1–208(c)(1) or (2) of this subtitle, regardless of whether it is in the best interest of the child.</text> </level> <level label="d"> <text>Subject to subsections (b) and (c) of this section, a presumption of parentage under this subtitle may be rebutted by:</text> <level label="1"> <text>Evidence of blood or genetic testing;</text> </level> <level label="2"> <text>Testimony of the mother, the presumed parent, or another individual, that the presumed parent did not have access to the mother at the time of conception; or</text> </level> <level label="3"> <text>Any other competent evidence that the presumed parent is not the father of the child.</text> </level> </level> </section> <section article="get" article_name="Estates and Trusts" number="1-209" title_number="1" title_name="Estates of Decedents -- General Provisions" subtitle_number="2" subtitle_name="Determining Relationship"> <level label="a"> <text>In construing all provisions of the estates of decedents law and, unless a contrary intention is indicated, in construing the terms of a will, issue means every living lineal descendant except a lineal descendant of a living lineal descendant.</text> </level> <level label="b"> <text>A person who is treated as a child of a person pursuant to §§ 1–205 through 1–208 of this subtitle shall be considered for all purposes as:</text> <level label="1"> <text>A lineal descendant of the person; and</text> </level> <level label="2"> <text>Except as provided in subsection (a) of this section, a lineal descendant of all persons of whom the person is a lineal descendant.</text> </level> </level> </section> <section article="get" article_name="Estates and Trusts" number="1-210" title_number="1" title_name="Estates of Decedents -- General Provisions" subtitle_number="2" subtitle_name="Determining Relationship"> <level label="a"> <text>When provision is made for representation in this article, the shares shall be determined in accordance with subsections (b) and (c) of this section.</text> </level> <level label="b"> <level label="1"> <text>In the case of issue of the decedent, the property shall be divided into as many equal shares as there are children of the decedent who survive the decedent and children of the decedent who did not survive the decedent but of whom issue did survive the decedent.</text> </level> <level label="2"> <text>Each child of the decedent who did survive the decedent shall receive one share and the issue of each child of the decedent who did not survive the decedent but of whom issue did survive the decedent shall receive one share apportioned by applying to the children and other issue of each nonsurviving child of the decedent the pattern of representation provided for in this subsection for the children and other issue of the decedent and repeating that pattern with respect to succeeding generations until all shares are determined.</text> </level> </level> <level label="c"> <level label="1"> <text>In the case of issue of a parent, grandparent, or great–grandparent of the decedent, the property shall be divided into as many equal shares as there are lineal descendants of either, or of both, of the pair of parents, grandparents, or great–grandparents, as the case may be, of the nearest degree of relationship to the decedent of whom any survived the decedent and who did so survive, and lineal descendants of the same degree who did not survive the decedent but of whom issue did survive the decedent.</text> </level> <level label="2"> <text>Each lineal descendant of the nearest degree surviving the decedent shall receive one share and the issue of each deceased lineal descendant of that degree who left issue surviving the decedent shall receive one share apportioned in the manner of representation set forth for issue of the decedent in subsection (b) of this section.</text> </level> </level> </section> <section article="get" article_name="Estates and Trusts" number="1-210.1" title_number="1" title_name="Estates of Decedents -- General Provisions" subtitle_number="2" subtitle_name="Determining Relationship"> <level label="a"> <text>Unless a contrary intention expressly appears, subsection (b) of this section applies to the provisions of a will requiring that upon the occurrence of an event, distribution shall be made by representation or per stirpes to the issue of one specified person.</text> </level> <level label="b"> <level label="1"> <text>On the occurrence of the event designated by the will, the property to be distributed shall be divided into as many equal shares as there are children of the person whose issue are to take by representation or per stirpes, excluding those children who were not living at the time of the occurrence of the event and did not leave issue who were living at the time of the occurrence of the event.</text> </level> <level label="2"> <text>Distribution of the shares shall be made as follows:</text> <level label="i"> <text>One share shall be distributed to each child, who was living at the time of the occurrence of the event; and</text> </level> <level label="ii"> <text>One share shall be distributed among the issue of each child who was not living but who left issue who were living at the time of the occurrence of the event in the same manner distribution is to be made to the issue of one specified person as provided by this subsection.</text> </level> </level> </level> <level label="c"> <text>Unless a contrary intention expressly appears, subsection (d) of this section applies to the provisions of a will requiring that on the occurrence of an event, distribution shall be made by representation or per stirpes to the issue of:</text> <level label="1"> <text>Several persons indicated in the will who are specifically named or in any manner described, designated, or identified; or</text> </level> <level label="2"> <text>Persons who are members of a class that is specifically named, or in any manner described, designated, or identified.</text> </level> </level> <level label="d"> <level label="1"> <text>When the person whose issue are to take by representation or per stirpes is a person who is a member of a class or is one of several indicated persons in a will, on the occurrence of the event designated by the will, the property to be distributed shall be divided into as many equal shares as there are:</text> <level label="i"> <text>Members of the class or indicated persons, as the case may be, who are living at the time of the occurrence of the event; and</text> </level> <level label="ii"> <text>Members of the class or indicated persons, as the case may be, who were not living at the time of the occurrence of the event, but who left issue who were living at the time of the occurrence of the event.</text> </level> </level> <level label="2"> <text>Each share shall be divided into as many equal portions as there are children of each member of the class or each indicated person whose issue are to take by representation or per stirpes, excluding those children who were not living at the time of the occurrence of the event and who did not leave issue who were living at the time of the occurrence of the event.</text> </level> <level label="3"> <text>Distribution of the equal portions shall be distributed as follows:</text> <level label="i"> <text>One portion shall be distributed to each child who was living at the occurrence of the event; and</text> </level> <level label="ii"> <text>The equal portion allocated to a child who was not living but who left issue who were living at the time of the occurrence of the event, shall be distributed in the same manner as distribution is to be made to the issue of one specified person as provided by subsection (b) of this section.</text> </level> </level> </level> </section> <section article="get" article_name="Estates and Trusts" number="1-301" title_number="1" title_name="Estates of Decedents -- General Provisions" subtitle_number="3" subtitle_name="Property Subject to Article"> <level label="a"> <text>All property of a decedent shall be subject to the estates of decedents law, and upon the person’s death shall pass directly to the personal representative, who shall hold the legal title for administration and distribution, without any distinction, preference, or priority as between real and personal property.</text> </level> <level label="b"> <text>The court may determine questions of title to personal property not exceeding $50,000 in value for the purpose of determining what personal property is properly includable in an estate that is the subject of a proceeding before the court.</text> </level> </section> <section article="get" article_name="Estates and Trusts" number="1-401" title_number="1" title_name="Estates of Decedents -- General Provisions" subtitle_number="4" subtitle_name="Multiple-Party Accounts"> <level label="a"> <text>A provision in an account agreement, as defined in § 1–204(b)(2) of the Financial Institutions Article, for a transfer on death is nontestamentary and shall be effective according to the provisions of § 1–204 of the Financial Institutions Article.</text> </level> <level label="b"> <text>Transfers pursuant to § 1–204 of the Financial Institutions Article are effective in the form and manner prescribed by that section and are not to be considered testamentary.</text> </level> <level label="c"> <text>Transfers on death pursuant to an operating agreement of a limited liability company or a partnership agreement of a general or limited partnership are effective according to the operating agreement or partnership agreement and are not to be considered testamentary.</text> </level> </section> <section article="get" article_name="Estates and Trusts" number="1-402" title_number="1" title_name="Estates of Decedents -- General Provisions" subtitle_number="4" subtitle_name="Multiple-Party Accounts"> <level label="a"> <text>A transfer–on–death deed made in accordance with the requirements of Title 14, Subtitle 10 of the Real Property Article is effective according to the provisions of that subtitle.</text> </level> <level label="b"> <text>Transfers of real property under Title 14, Subtitle 10 of the Real Property Article are effective as provided under that subtitle and are not testamentary.</text> </level> </section>