Title 1. Estates of Decedents -- General Provisions — Subtitle 1. Definitions and Use of Terms; Purposes of Titles 1-12
Statutes in effect as of October 1, 2026.
Md. Code Ann., Est. & Trusts § 1-101 (2026)
Title 1. Estates of Decedents -- General Provisions
Subtitle 1. Definitions and Use of Terms; Purposes of Titles 1-12
§ 1–101LinkCopy Citation
(a)
In this article the following words have the meanings indicated.
(b)
“Administrative probate” has the meaning stated in § 5–301 of this article.
(c)
“Book” includes a form of electronic recordation.
(d)
“Child” has the meaning stated in §§ 1–205 through 1–208 of this title.
(e)
“County” includes Baltimore City.
(f)
“Court” has the meaning stated in § 2–101 of this article.
(g)
“Domestic partnership” has the meaning stated in § 6–101(a) of the Health – General Article.
(h)
(1)
“Environmental law” means a federal, State, or local law, rule, regulation, or ordinance that relates to the protection of the environment.
(2)
“Environmental law” includes Title 16 of the Environment Article.
(i)
“Heir” means a person entitled to property of an intestate decedent pursuant to §§ 3–101 through 3–110 of this article.
(j)
(1)
“Interested person” means:
(i)
A person named as executor in a will;
(ii)
A person serving as personal representative after judicial or administrative probate;
(iii)
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;
(iv)
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;
(v)
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;
(vi)
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§ 3–403 of this article, except that the surviving spouse ceases to be an “interested person” on the election being withdrawn or ruled ineffective by a court of competent jurisdiction; or
(vii)
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.
(2)
“Interested person” includes:
(i)
A minor or other person under a disability; or
(ii)
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.
(3)
“Interested person” does not include an assignee of a legatee or an heir.
(k)
“Issue” has the meaning stated in § 1–209 of this title.
(l)
“Judicial probate” has the meaning stated in § 5–401 of this article.
(m)
“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.
(n)
(1)
“Legatee” means a person who under the terms of a will would receive a legacy.
(2)
“Legatee” includes a trustee.
(3)
“Legatee” does not include a beneficiary of an interest under the trust.
(o)
“Letters” include letters testamentary and letters of administration.
(p)
“Maryland Rules” means the rules promulgated by the Supreme Court of Maryland under the authority of the Constitution and laws of Maryland.
(q)
“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.
(r)
(1)
“Personal representative” includes an executor or administrator.
(2)
“Personal representative” does not include a special administrator.
(s)
(1)
“Property” includes both real and personal property, and any right or interest therein.
(2)
“Property” refers to:
(i)
All real and personal property of a decedent; and
(ii)
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.
(t)
“Register” has the meaning stated in § 2–201 of this article.
(u)
“Registered domestic partner” means an individual in a registered domestic partnership.
(v)
“Registered domestic partnership” means a domestic partnership that is registered in accordance with § 2–214 of this article.
(w)
“Representation” has the meaning stated in § 1–210 of this title.
(x)
“Special administrator” means an administrator appointed as provided in § 6–401 of this article.
(y)
“Surviving registered domestic partner” means the registered domestic partner of a decedent at the time of the decedent’s death.
(z)
“Trust company” means an institution that is authorized to exercise trust or fiduciary powers and that:
(1)
Is organized under the laws of this State as a State bank, trust company, or savings bank;
(2)
Is organized under the laws of the United States and:
(i)
Has its principal office in this State;
(ii)
(1)
Has an office in this State that is not its principal office; and
(2)
Meets the definition of a trust institution under 12 U.S.C. § 1841(c)(2)(D); or
(iii)
(1)
Has an office in this State that is not its principal office; and
(2)
Accepts deposits at its office in this State; or
(3)
Is organized under the laws of another state as a bank, trust company, or savings bank and:
(i)
(1)
Has an office in this State that is not its principal office;
(2)
Meets the definition of a trust institution under 12 U.S.C. § 1841(c)(2)(D); and
(3)
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
(ii)
(1)
Has an office in this State that is not its principal office; and
(2)
Accepts deposits at its office in this State.
(aa)
“Will” has the meaning stated in § 4–101 of this article.
Md. Code Ann., Est. & Trusts § 1-102 (2026)
Title 1. Estates of Decedents -- General Provisions
Subtitle 1. Definitions and Use of Terms; Purposes of Titles 1-12
§ 1–102LinkCopy Citation
(a)
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.
(b)
The form of verification is:
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.
(c)
Every inventory, account, and other document containing recitations of fact must be verified.
Md. Code Ann., Est. & Trusts § 1-103 (2026)
Title 1. Estates of Decedents -- General Provisions
Subtitle 1. Definitions and Use of Terms; Purposes of Titles 1-12
§ 1–103LinkCopy Citation
(a)
(1)
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.
(2)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
(1)
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.
(2)
A personal representative is not required to give notice to himself or herself.
Md. Code Ann., Est. & Trusts § 1-104 (2026)
Title 1. Estates of Decedents -- General Provisions
Subtitle 1. Definitions and Use of Terms; Purposes of Titles 1-12
§ 1–104LinkCopy Citation
This article is dedicated to the memory of Roger D. Redden, Esquire.
Md. Code Ann., Est. & Trusts § 1-105 (2026)
Title 1. Estates of Decedents -- General Provisions
Subtitle 1. Definitions and Use of Terms; Purposes of Titles 1-12
§ 1–105LinkCopy Citation
(a)
(1)
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.
(2)
This article shall be liberally construed and applied to promote its underlying purpose.
(b)
Unless otherwise expressly provided, whenever the estates of decedents law states that a fact is presumed, the presumption is rebuttable.