# Estates and Trusts (GET)

## Title 10. Closing Estates

### Subtitle 1. General

#### Section 10-101

(a)

  (1) The final approval of the final account automatically closes the estate.

  (2) If the final account so requests, it also automatically terminates the appointment of the personal representative.

(b)

  (1) If the appointment is not terminated by the final account, a personal representative may, after the time has passed for presenting claims which arose before the death of the decedent, petition the court for an order to terminate the personal representative's appointment as personal representative.

  (2) After notice to all interested persons including creditors who have presented their claims and legatees who have not been paid in full, the court may enter an appropriate order if a written request for a hearing has not been filed within 20 days.

#### Section 10-102

(a) After an estate has been closed, a claim not barred may be prosecuted against one or more of the persons to whom property has been distributed.

(b) An heir or legatee shall not be liable to claimants for amounts in excess of the value of the heir's or legatee's distribution, valued at the time of distribution or the time of filing suit, whichever is lower.

(c)

  (1) An heir or legatee has a right of contribution against other heirs and legatees.

  (2) Between the heirs and legatees under paragraph (1) of this subsection, each shall bear the cost of satisfaction of unbarred claims as if the claim had been satisfied before distribution.

#### Section 10-103

(a)

  (1) If no action or proceeding involving the personal representative is pending one year after the close of the estate pursuant to Sec. 5-709 of this article or Sec. 10-101 of this subtitle, the personal representative shall be discharged from any claim or demand of any interested person.

  (2) The rights so barred do not include rights to recover from a personal representative for fraud, material mistake, or substantial irregularity.

(b)

  (1) Except as provided in Sec. 10-102 of this subtitle and Sec. 7-308 of the Tax - General Article, the right of a person seeking to recover property improperly distributed, or the value of it, from a person to whom property has been distributed is forever barred at the later of:

    (i) Three years from the death of the decedent; or

    (ii) One year from the time of distribution of the property.

  (2) This subsection does not bar recovery of property or the value of it received as the result of the heir's or legatee's participation in a fraudulent distribution.

#### Section 10-104

(a) Except as provided in subsection (c) of this section, if property is discovered after an estate has been closed and the appointment of the personal representative has been terminated under Sec. 10-101 of this subtitle, the court, on petition of an interested person and on any notice as the court may direct, may appoint the same or a successor personal representative and make other appropriate orders.

(b) Further proceedings shall be conducted in accordance with the provisions of the estates of decedents law as may be applicable, but no claim previously barred may be asserted in the reopened administration.

(c)

  (1) Subject to paragraph (2) of this subsection, if a check payable to a decedent or the estate of a decedent for a sum not exceeding $1,000 is discovered after an estate is closed and the appointment of the personal representative has terminated under Sec. 10-101 of this subtitle, on a verified petition made by an interested person, the court may enter an order authorizing the interested person to indorse and deposit the check into the interested person's bank account for the limited purpose of distributing the funds in accordance with the will or, if the decedent died intestate, in accordance with Title 3, Subtitle 1 of this article.

  (2)

    (i) Unless requested by an interested person, the court may enter an order under paragraph (1) of this subsection without a hearing.

    (ii) The court may not enter an order under paragraph (1) of this subsection if:

      (1) The estate of the decedent was insolvent when it was closed;

      (2) The check discovered after the estate was closed increases the value of the estate above the value that qualifies under Sec. 5-601 of this article for administration as a small estate; or

      (3) Any additional fees and inheritance taxes due as a result of the discovered check are not paid with the petition.

    (iii) The distribution of funds by an interested person under paragraph (1) of this subsection must be made within 60 days after the court's order authorizing the distribution.

#### Section 10-105

Nothing in this subtitle affects the authority of a personal representative to perform ministerial or confirmatory acts after an estate is closed or the appointment of the personal representative is terminated.

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Md. Code Ann., Est. & Trusts (as displayed at mgaleg.maryland.gov, October 16, 2026)