# Estates and Trusts (GET)

## Title 5. Opening the Estate

### Subtitle 1. General Provisions

#### Section 5-101

(a) This subtitle is applicable to the portion of the probate proceeding which relates to the probate of a will, if any, and the grant of letters.

(b) Probate of a will, if any, and the grant of letters, may be accomplished after filing of a petition for probate by:

  (1) Administrative probate by the register of wills as described in Subtitle 3 of this title; or

  (2) Judicial probate by the court as described in Subtitle 4 of this title.

#### Section 5-102

(a) Unless it is admitted to administrative or judicial probate, or recorded as provided in Sec. 5-504 of this title, a will is ineffective to transfer property or to nominate a personal representative.

(b) Except for a foreign personal representative, a person may not qualify as or exercise the powers and duties of a personal representative unless the person has been appointed administratively or judicially.

#### Section 5-103

(a) The venue for administrative or judicial probate is in:

  (1) If the decedent was domiciled in the State, the county in which the decedent was domiciled at the time of death;

  (2) If the decedent was not domiciled in the State but was domiciled in the United States, the county in which the petitioner believes the largest part in value of the property of the decedent in the State was located at the time of death;

  (3) If the decedent was not domiciled in the State but previously resided in the State and was not domiciled in the United States, the county in which the petitioner believes the decedent last resided in the State;

  (4) If the decedent was not domiciled in the State and had not previously resided in the State and was not domiciled in the United States, the county in which the petitioner believes:

    (i) The largest part in value of the property of the decedent in the State was located at the time of death;

    (ii) Any cause of action in favor of the decedent arose;

    (iii) The personal representative resides or has the personal representative's principal place of business;

    (iv) One or more interested persons, legatees, heirs, or beneficiaries reside; or

    (v) A financial institution that is subject to the jurisdiction of the State with which the decedent had a contractual agreement may be sued; or

  (5) If items (1) through (4) of this subsection do not apply, the county that the register, orphans' court, or other governing entity has determined is necessary, reasonable, or in the interest of justice.

(b)

  (1) For the purpose of determining venue for the administration of the estate of a decedent described under subsection (a)(2), (4), or (5) of this section, the situs of real property and tangible personal property is its location.

  (2)

    (i) The situs of intangible personal property is the location of the instrument evidencing a debt, obligation, stock, or chose in action.

    (ii) If there is no instrument, the residence of the debtor governs.

    (iii) The situs of intangible personal property is not altered by the opening of an estate of a decedent described under subsection (a)(2), (3), (4), or (5) of this section.

  (3) The situs of an interest in property held in trust is any county where the trustee may be sued.

(c)

  (1) Probate proceedings concerning a decedent may not be maintained in more than one county.

  (2) If a proceeding is commenced in more than one county, the court of the county where proceedings are filed first has exclusive jurisdiction to determine venue.

  (3) If proper venue is finally determined to be in another county, the proceeding, including a will, petition, or any other paper filed, shall be transferred to the proper court.

#### Section 5-104

In granting letters in administrative or judicial probate, or in appointing a successor personal representative, or a special administrator as provided in Title 6, Subtitle 4 of this article, the court and register shall observe the following order of priority, with any person in any one of the following paragraphs considered as a class:

(1) The personal representatives named in a will admitted to probate;

(2) The personal representatives nominated in accordance with a power conferred in a will admitted to probate;

(3) The surviving spouse, registered domestic partner, and children of an intestate decedent, or the surviving spouse of a testate decedent;

(4) The residuary legatees;

(5) The children of a testate decedent who are entitled to share in the estate;

(6) The grandchildren of the decedent who are entitled to share in the estate;

(7) Subject to Sec.Sec. 3-111 and 3-112 of this article, the parents of the decedent who are entitled to share in the estate;

(8) The brothers and sisters of the decedent who are entitled to share in the estate;

(9) Other relations of the decedent who apply for administration;

(10) The largest creditor of the decedent who applies for administration;

(11) Any other person having a pecuniary interest in the proper administration of the estate of the decedent who applies for administration; or

(12) Any other person.

#### Section 5-105

(a)

  (1) In this section, "serious crime" means a crime that reflects adversely on an individual's honesty, trustworthiness, or fitness to perform the duties of a personal representative.

  (2) "Serious crime" includes fraud, extortion, embezzlement, forgery, perjury, and theft.

(b) Subject to Sec. 5-104 of this subtitle, the register or court may grant letters to:

  (1) A trust company;

  (2) Any other corporation authorized by law to be a personal representative; or

  (3) Subject to subsection (c) of this section, any individual.

(c) Letters may not be granted to a person who, at the time a determination of priority is made, has filed with the register a declaration in writing that the person renounces the right to administer or is:

  (1) Under the age of 18 years;

  (2) Mentally incompetent;

  (3) Convicted of a serious crime, unless the person shows good cause for the granting of letters;

  (4) Not a citizen or a permanent resident of the United States unless the person is:

    (i) Domiciled in the United States; and

    (ii)

      (1) The spouse of the decedent;

      (2) An ancestor of the decedent;

      (3) A descendant of the decedent; or

      (4) A sibling of the decedent;

  (5) A full-time judge of a court established under the laws of Maryland or the United States including a judge of an orphans' or probate court, or a clerk of court, or a register, unless the person is the surviving spouse or is related to the decedent within the third degree; or

  (6) A nonresident of the State, unless there shall be on file with the register an irrevocable designation by the nonresident of an appropriate person who resides in the State on whom service of process may be made in the same manner and with the effect as if it were served personally in the State on the nonresident.

#### Section 5-106

(a)

  (1) Subject to paragraph (2) of this subsection and subsection (b) of this section, when there are several eligible persons in a class entitled to letters, the court or register may grant letters to one of them, or to more than one of them, as necessary or convenient for the proper administration of the estate.

  (2) Subject to Sec. 5-105 of this subtitle, all personal representatives named in the will or nominated in accordance with a power conferred in the will are entitled to probate.

(b) Within classes (3) through (10) of Sec. 5-104 of this subtitle, letters may be granted to two or more persons in different classes provided that the person or class first entitled to letters consents.

### Subtitle 2. Commencement of Proceeding

#### Section 5-201

(a) The petition for probate shall contain all knowledge or information of the petitioner with respect to the items listed in subsection (b) of this section.

(b) The petition for probate shall state:

  (1) The name, domicile, place, and date of death of the decedent;

  (2) The interest of the person filing the petition;

  (3) The county in which the decedent was domiciled at the time of death, and if the decedent was not domiciled in Maryland, the county in this State that the petitioner believes was the situs of the largest part in value of the property of the decedent at the time of death;

  (4) All other proceedings filed in Maryland and elsewhere regarding the same estate;

  (5) Whether the decedent died testate or intestate, and:

    (i)

      (1) If the decedent died testate, there shall be exhibited with the petition the will or a copy of the will; or

      (2) If this exhibit cannot be produced, there shall be exhibited:

      (A) A statement of the reasons for the inability to exhibit the will or a copy of the will;

      (B) The name and the address of the person in whose custody the documents may be;

      (C) A statement of the provisions of the will as far as known to the petitioner; and

      (D) A statement of the manner in which the exhibit came into the hands of the petitioner as well as a statement that the petitioner knows of no later will; or

    (ii) If the decedent died intestate, a statement of the extent of a search for a will; and

  (6) The names and addresses of all persons who are witnesses to the will referred to in item (5)(i) of this subsection.

#### Section 5-202

The petition shall state the reasons why any information required by Sec. 5-201 of this subtitle cannot be furnished by the petitioner.

#### Section 5-203

The petition shall indicate whether the petitioner elects administrative or judicial probate.

#### Section 5-204

The petition shall contain, as appropriate, a request for one or more of the following acts:

(1) The probate or recording of a will exhibited with the petition or deposited with the register pursuant to Title 4, Subtitle 2 of this article;

(2) An order directing witnesses to an alleged will to appear and give testimony regarding its execution;

(3) An order requiring a person alleged to have custody of a will to deliver it to the court;

(4) An order directing all interested persons to show cause why the provisions of a lost or destroyed will should not be admitted to probate as expressed in the petition;

(5) A finding that the decedent died intestate; and

(6) Other relief that the petitioner may consider appropriate.

#### Section 5-205

(a) The petition shall also contain a request for either of the acts provided in this section.

(b)

  (1) The petition shall request the grant of letters to the petitioner, if:

    (i) The petition is filed by all of the persons named as executors in the will of a testate decedent; or

    (ii) The persons in classes higher in the order of priority set forth in Sec. 5-104 of this title of those entitled to administer the estate of an intestate decedent join in the petition or consent in writing to the grant.

  (2) The joinder or consent of a person who has renounced the right to administer is not necessary.

(c) The petition shall request an order requiring persons named as executors or entitled to administration to appear and qualify for appropriate letters.

#### Section 5-206

In a proceeding for administrative or judicial probate the petition for probate shall be in substantially the following form:

In the Orphans' Court for

(or) ___________________________, Maryland

Before the Register of Wills for

in the Estate of:

______________________________________     Estate No. ___________________________

For:

Regular Estate -        Small Estate -            Will of No Estate -

Petition      for      probate    Petition              for        Complete Items 2 and 5

estate value in excess of    Administration,      estate

$20,000. Complete   and    value of $20,000 or    less.

attach Schedule - A.        Complete     and     attach

Schedule - B.

The Petition of:

_____________________________________      ______________________________________

Name                                                                     Address

______________________________________

_____________________________________      ______________________________________

Name                                                                     Address

______________________________________

_____________________________________      ______________________________________

Name                                                                     Address

______________________________________

Each of us states:

(1) I am  (a)  at  least  18  years  of  age and either a citizen of the United States or a

permanent resident alien spouse of the decedent or (b) a trust company or any

other corporation authorized by law to act as a personal representative.

(2) The decedent, ____________________________________________________________ ,

was domiciled in __________________________________________  County, State of 

______________________________________ and  died  on  the  ___________  day  of 

20______, at ___________________.

(3) If the decedent was not domiciled in this county at the time of death, this is the

proper office in which to file this petition because:_____________________________

__________________________________________________________________________ 

(4) I am entitled to priority of appointment as personal representative of the

decedent's estate pursuant to Sec. 5-104 of the Estates and Trusts Article,

Annotated Code of Maryland because:

__________________________________________________________________________

__________________________________________________________________________

and I am not excluded by Sec. 5-105(c) of the Estates and Trist Article, Annotated

Code of Maryland from serving as personal representative

(5) I have made a diligent search for the decedent's will and to the best of my

knowledge:

none exists; or

the will dated __________________________ (including codicils, if any,           dated

_______________________ ) accompanying this petition is the last will and it came

into my hands in the following manner:

__________________________________________________________________________

__________________________________________________________________________

and the names and last known addresses of the witnesses are:

_____________________________________________________   ____________________

_____________________________________________________   ____________________

_____________________________________________________   ____________________

(6) Other proceedings, if any, regarding the decedent or the estate are as follows:

__________________________________________________________________________

__________________________________________________________________________

(7) If any information required by paragraphs 2 through 6 has not been furnished,

the reason is:

__________________________________________________________________________

__________________________________________________________________________

(8) If appointed, I accept the duties of the office of personal representative and

consent to personal jurisdiction in any action brought in this State against me as

personal representative or arising out of the duties of the office of personal

representative.

WHEREFORE, I request appointment as personal representative of the

decedent's estate and the following relief as indicated:

?    that the will and codicils, if any, be admitted to administrative probate;

?    that the will and codicils, if any, be admitted to judicial probate;

?    that the will and codicils, if any, be filed only;

?    that the following additional relief be granted: ________________________________

__________________________________________________________________________

__________________________________________________________________________

I solemnly affirm under the penalties of perjury that the contents of the

foregoing petition are true to the best of my knowledge, information, and belief.

______________________________________     _____________________________________

Attorney's Signature                         Petitioner      Date

______________________________________     _____________________________________

Address                                      Petitioner      Date

______________________________________     _____________________________________

Petitioner      Date

______________________________________     _____________________________________

Telephone Number                          Telephone Number

In the Orphans' Court for

  (or) __________________________ , Maryland

  Before the Register of Wills for

  in the Estate of:

  _______________________________________    Estate No. __________________________

  Schedule - A

  REGULAR ESTATE

  Estimated Value of Estate and Unsecured Debts:

  Personal property (approximate value) ....................................     $ _____________

  Real property (approximate value) ..........................................     $ _____________

  Value of Property subject to:

  (a) Direct Inheritance Tax of __________% .....................     $ _____________

  (b) Collateral Inheritance Tax of __________% ...............      $ _____________

  (c) Collateral Inheritance Tax of __________% ...............       $ _____________

  Unsecured Debts (approximate amount) .................................       $ _____________

  .....................................................................................................................

  (FOR REGISTER'S USE)

  Safekeeping Wills _____________________      Custody of Wills ____________________

  Bond Set $  ___________________________      Deputy _____________________________

  In the Orphans' Court for

    (or) __________________________ , Maryland

    Before the Register of Wills for

    in the Estate of:

    _______________________________________    Estate No. __________________________

    Schedule - B

    SMALL ESTATE

    Assets and Debts of the Decedent:

(1) I have made a diligent search to discover all property and debts of the decedent

and set forth below are:

(a) A listing of all real and personal property owned by the decedent, individually

or as a tenant in common, and of any other property to which the decedent

or estate would be entitled, including descriptions, values, and how the

values were determined:

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

(b) A listing of all creditors and claimants and the amounts claimed, including

secured*, contingent and disputed claims:

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

(2) Allowable funeral expenses are $ ____________; statutory family allowances are

$ ____________; and expenses of administration are $ _____________.

(3) Attached is a List of Interested Persons

*Note: Sec. 5-601(d) of the Estates and Trusts Article. Annotated Code of Maryland "For

the purpose of thus subtitle - Value is determined by fair market value of property

less debts of record secured by the property as of the date of death, to the extent that

insurance benefits are not payable to the lien holder or secured party for the secured

debt."

I solemnly affirm under the penalties of perjury that the contents of the

foregoing schedule are true to the best of my knowledge, information, and belief.

______________________________________     _____________________________________

Attorney's Signature                         Petitioner      Date

______________________________________     _____________________________________

Address                                      Petitioner      Date

______________________________________     _____________________________________

Telephone Number                          Telephone Number

#### Section 5-207

(a)

  (1) Regardless of whether a petition for probate has been filed, a verified petition to caveat a will may be filed at any time before the expiration of 6 months following the first appointment of a personal representative under a will, even if there be a subsequent judicial probate or appointment of a personal representative.

  (2) If a different will is offered subsequently for probate, a petition to caveat the later offered will may be filed at a time within the later to occur of:

    (i) 3 months after the later probate; or

    (ii) 6 months after the first appointment of a personal representative of a probated will.

(b)

  (1) If the petition to caveat is filed before the filing of a petition for probate, or after administrative probate, it has the effect of a request for judicial probate.

  (2) If the petition to caveat is filed after judicial probate the matter shall be reopened and a new proceeding held as if only administrative probate had previously been determined.

  (3) In either case described in paragraphs (1) and (2) of this subsection, the provisions of Subtitle 4 of this title apply.

### Subtitle 3. Administrative Probate

#### Section 5-301

(a) Administrative probate is a proceeding instituted by the filing of a petition for probate by an interested person before the register for the probate of a will or a determination of the intestacy of the decedent, and for the appointment of a personal representative.

(b) Subject to the provisions of Sec. 5-402 of this title, the proceeding may be conducted without prior notice, and is final, to the extent provided in Sec. 5-304 of this subtitle, subject to the right of an interested person to require judicial probate as provided in Subtitle 4 of this title.

#### Section 5-302

(a) On a request for administrative probate contained in a petition for probate, the register:

  (1) May admit a will to probate; and

  (2) Shall appoint one or more personal representatives on the basis of the allegations contained in the petition.

(b) The register may require additional verified proof, which shall be filed in the proceeding.

#### Section 5-303

The register shall assume due execution of the will:

(1) If the will appears to have been duly executed and contains a recital by attesting witnesses of facts constituting due execution; or

(2) If it does not so appear, or if the will does not contain that recital, then upon the verified statement of a person with personal knowledge of the circumstances of execution whether or not the person was in fact an attesting witness.

#### Section 5-304

(a)

  (1) Unless a timely request for judicial probate has been filed pursuant to subsection (b) of this section, or unless a request has been filed pursuant to Sec. 5-402 of this title within 6 months of administrative probate, any action taken after administrative probate shall be final and binding as to all interested persons.

  (2) Except as provided in subsection (b) of this section, a defect in a petition or proceeding relating to administrative probate shall not affect the probate or the grant of letters.

(b) An administrative probate may be set aside and a proceeding for judicial probate instituted if, following a request by an interested person within 18 months of the death of decedent, the court finds that:

  (1) The proponent of a later offered will, in spite of the exercise of reasonable diligence in efforts to locate any will, was actually unaware of the existence of a will at the time of the prior probate;

  (2) The notice provided in Sec. 2-210 of this article was not given to such interested person nor did the interested person have actual notice of the petition for probate; or

  (3) There was fraud, material mistake, or substantial irregularity in the prior probate proceeding.

### Subtitle 4. Judicial Probate

#### Section 5-401

(a) Judicial probate is a proceeding instituted by:

  (1) The filing of a petition for probate by an interested person, or creditor, with the court for the probate of a will; or

  (2) A determination of the intestacy of the decedent, and for the appointment of a personal representative.

(b) The proceeding is conducted after notice as provided in Sec. 5-403 of this subtitle, and is final except as provided in Sec. 5-406 of this subtitle.

(c) If no petition is filed within a reasonable time the register may file it with the approval of the court.

#### Section 5-402

A proceeding for judicial probate shall be instituted at any time before administrative probate or within the period after administrative probate provided by Sec. 5-304 of this title:

(1) At the request of an interested person;

(2) By a creditor in the event that there has been no administrative probate;

(3) If it appears to the court or the register that the petition for administrative probate is materially incomplete or incorrect in any respect;

(4) If the will has been torn, mutilated, burned in part, or marked in a way as to make a significant change in the meaning of the will; or

(5) If it is alleged that a will is lost or destroyed.

#### Section 5-403

(a)

  (1) Notice that judicial probate has been requested shall be given promptly by the register to all interested persons as shown in the documents in the register's file.

  (2) The petitioner shall advise the register of the names and addresses of all interested persons of whom the petitioner learns before the granting of judicial probate, and the register shall give notice to the persons in the manner prescribed by Sec. 1-103(a)(1) of this article.

  (3) In addition, the register shall publish a notice in a newspaper of general circulation in the county where judicial probate is requested, once a week for 2 successive weeks.

(b) The notice required by this section shall be in the following form:

IN THE ORPHANS COURT FOR ............................................................

In re:

ESTATE OF

.........................................................

Deceased

TO ALL PERSONS INTERESTED IN THE ESTATE OF ....................................

.................................................................................................................. :

YOU ARE HEREBY NOTIFIED THAT A Petition has been filed in the court by

.................. for judicial probate, including the appointment of a personal

representative for the estate; and that the Petition will be heard at ......... on the ......

day of ........., 20..., or at a subsequent time or other place to which the hearing may be adjourned or transferred.

......................................................

Register of Wills

#### Section 5-404

(a)

  (1) A hearing for judicial probate is a plenary proceeding conducted in accordance with the provisions of Sec. 2-105 of this article.

  (2) A hearing for judicial probate shall adjudicate the issues raised in the hearing and shall determine the testamentary capacity of the decedent if the decedent died testate.

  (3) After the hearing for judicial probate the court shall appoint one or more personal representatives and shall, if appropriate, revoke, modify, or confirm action taken at the administrative or any prior judicial probate.

(b) Unless the court shall otherwise order, the examination of the witnesses to the will shall be conducted by the court.

#### Section 5-406

Except as provided in Sec.Sec. 5-207 of this title and 5-407 of this subtitle, any determination made by the court in a proceeding for judicial probate is final and binding on all persons.

#### Section 5-407

A judicial probate may be reopened and a new proceeding held if, following a request by an interested person within 18 months from the death of the decedent, the court finds the existence of any fact which would permit the holding of a proceeding pursuant to Sec. 5-304(b) of this title.

### Subtitle 5. Foreign Personal Representative

#### Section 5-501

A foreign personal representative is not required to take out letters in the State.

#### Section 5-502

(a) Any foreign personal representative may exercise in Maryland all powers of the office, and may sue and be sued in Maryland, subject to any statute or rule relating to nonresidents.

(b) A foreign personal representative has the same power to sell, mortgage, lease, convey, or otherwise transfer or assign real property or an interest in the property which is located in Maryland as a Maryland personal representative has with respect to real property and an interest in the property.

(c) Title to real property or an interest in the property located in Maryland sold, mortgaged, leased, conveyed, or otherwise transferred or assigned by a foreign personal representative before or after July 1, 1981, may not be defective solely by reason of the failure of the foreign personal representative to comply with requirements of the jurisdiction in which the representative was appointed concerning the sale, mortgage, lease, conveyance, transfer, or assignment of the property or an interest in the property.

#### Section 5-503

(a) As used in this subtitle, "leasehold property" refers only to a leasehold interest in real property.

(b) A foreign personal representative shall:

  (1) Publish once a week for 3 successive weeks a notice in a newspaper of general circulation in each county in which real or leasehold property of the decedent was located, containing:

    (i) The foreign personal representative's appointment;

    (ii) The foreign personal representative's name and address;

    (iii) The name and address of the foreign personal representative's Maryland agent for service of process on file with the register in each county where real or leasehold property was located;

    (iv) The name of the court that appointed the foreign personal representative;

    (v) A brief description of all real and leasehold property owned by the decedent in the county;

    (vi) The date of the decedent's death; and

    (vii) The following statement: All persons having claims against the decedent must present their claims to the undersigned, or file them with the register of wills on or before the earlier of the following dates:

      (1) 6 months from the date of the decedent's death; or

      (2) 2 months after the foreign personal representative mails or otherwise delivers to the creditor a copy of this published notice or other written notice, notifying the creditor that the creditor's claim will be barred unless the creditor presents the claim within 2 months from the mailing or other delivery of the notice;

  (2) Record in each appropriate office of the register a certification that the foreign personal representative has published notice as required; and

  (3) Promptly after a proceeding under this subtitle has been instituted, comply with the provisions of Sec. 7-103.1 of this article.

(c)

  (1) Within the time periods provided under subsection (b) of this section, a creditor may file with the register a written statement of the creditor's claim, in the form set forth in Sec. 8-104(c) of this article, and if a foreign personal representative has instituted a proceeding under this subtitle deliver or mail a copy of the statement to the personal representative.

  (2)

    (i) The register shall maintain a book known as the "Claims Against Nonresident Decedents" book in which every claim and release shall be recorded.

    (ii) Unless and until a release of a validly recorded claim has been recorded, or the claim has finally been determined in favor of the personal representative, the claim shall constitute a lien against the real and leasehold property owned by the decedent in the county at the time of death for a period of 12 years from date of death.

    (iii) If the personal representative is empowered by the will to sell the property the claim shall constitute a lien against the net proceeds from the sale.

#### Section 5-504

(a)

  (1) A foreign personal representative administering an estate which has property located in Maryland that is subject to Maryland inheritance taxes shall file with the register of the county in which the foreign personal representative believes the largest part in value of the property is located:

    (i) A copy of the person's appointment as personal representative;

    (ii) The will of the decedent, if there is a will, authenticated pursuant to 28 U.S.C. Sec. 1738; and

    (iii) A verified application that shall:

      (1) Describe all the property owned by the estate in Maryland and known to the foreign personal representative; and

      (2) Set forth the market value and the basis on which that value has been determined.

  (2) The register shall proceed to fix the amount of the inheritance tax due and may require other evidence of value, or make an independent investigation, as the register considers appropriate.

  (3) The determination of the register is final, subject to appeal to the Maryland Tax Court.

(b) Upon payment of the tax, the register shall issue to the foreign personal representative a receipt for it.

(c) It is not necessary for the foreign personal representative to institute other proceedings before the register with respect to the assets subject to the jurisdiction of Maryland.

(d) Nothing contained in this section shall relieve the foreign personal representative from the responsibility for paying the death taxes due the State.

#### Section 5-505

Until the foreign personal representative pays, or secures to the satisfaction of the register, the payment of the inheritance tax fixed as provided in Sec. 5-504 of this subtitle, with interest and penalties, and files the receipt for the payment or evidence of security with the register to be included among the permanent records of the court, the unpaid tax obligation shall constitute a lien against the property in accordance with the provisions of Sec. 13-806 of the Tax - General Article.

#### Section 5-506

If a foreign personal representative fails within a reasonable time to transfer the title to real or leasehold property located in the State to the person entitled to it, the court may by appropriate order direct the transfer of title to the person if:

(1) The will, if there is one, or a copy authenticated pursuant to 28 U.S.C. Sec. 1738 is filed in the office of the register;

(2) Every death tax with interest and penalties has been paid as contemplated in Sec. 5-504 of this subtitle;

(3) Notice in a form approved by the court has been published to the effect that the decedent died owning the real or leasehold property as defined in Sec. 5-503(a) of this subtitle; and

(4) All claims of creditors have been satisfied.

### Subtitle 6. Small Estates

#### Section 5-601

(a) If the property of the decedent subject to administration in Maryland is established to have a value of $50,000 or less as of the date of the death of the decedent, the estate may be administered in accordance with the provisions of Sec.Sec. 5-602 through 5-607 of this subtitle.

(b) If, before the filing of an initial account in administration proceedings instituted under Subtitle 3 or Subtitle 4 of this title, the property of the decedent subject to administration in Maryland is established to have a value of $50,000 or less as of the date of the death of the decedent, the estate thereafter may be administered in accordance with the provisions of Sec.Sec. 5-602 through 5-607 of this subtitle.

(c) If the surviving spouse is the sole legatee or heir of the decedent and if before the filing of an initial account in administration proceedings instituted under Subtitle 3 or Subtitle 4 of this title, the property of the decedent subject to administration in Maryland is established to have a value of $100,000 or less as of the date of the death of the decedent, the estate thereafter may be administered in accordance with the provisions of Sec.Sec. 5-602 through 5-607 of this subtitle.

(d) For the purpose of this subtitle, value is determined by the fair market value of property less debts of record secured by the property, as of the date of death, to the extent that insurance benefits are not payable to the lien holder or secured party for the secured debt.

#### Section 5-602

A petition for administration of a small estate may be filed by any person entitled to administration pursuant to Sec. 5-104 of this title and shall contain, in addition to the information required by Sec.Sec. 5-201 and 5-202 of this title:

(1) A statement that the petitioner has made a diligent search to discover all property and debts of the decedent;

(2) A list of the known property and its value;

(3) A list of the known creditors of the decedent, with the amount of each claim, including contingent and disputed claims; and

(4) A statement of any legal proceedings pending in which the decedent was a party.

#### Section 5-603

(a) If the register finds that the petition and additional information filed in the proceeding is accurate, the register shall:

  (1) Direct that the petitioner serve as personal representative of the small estate and issue additional letters of administration as needed;

  (2) Direct the immediate payment of the allowable funeral expenses as provided in Sec. 8-106 of this article and the family allowances provided in Sec. 3-201 of this article;

  (3) Direct sale of property as may be necessary to satisfy expenses and allowances; and

  (4) If it appears that there will be property remaining after the payments, expenses and allowances, admit a will to probate and direct that notice be given in accordance with subsection (b) of this section.

(b)

  (1) If the register directs a proceeding in accordance with subsection (a)(4) of this section, unless notice of the appointment of a personal representative appointed under Subtitle 3 or Subtitle 4 of this title has been published one or more times, notice shall be given once in the form required by Sec. 7-103 of this article, but the period within which objection must be made to the action is 30 days from the date of publication of notice and the period within which claims must be filed is the earlier of the following dates:

    (i) 6 months after the date of the decedent's death; or

    (ii) 30 days after the personal representative mails or otherwise delivers to the creditor a copy of a notice in the form required by Sec. 7-103 of this article or other written notice, notifying the creditor that the creditor's claim will be barred unless the creditor presents the claim within 30 days from the mailing or other delivery of the notice.

  (2) In delivering a copy of a notice to the creditor under paragraph (1)(ii) of this subsection, the personal representative shall comply with the provisions of Sec. 7-103.1 of this article.

  (3) If the register directs a proceeding in accordance with subsection (a)(4) of this section and if notice of the appointment of a personal representative appointed under Subtitle 3 or Subtitle 4 of this title has been published one or more times, the notice provisions of Sec. 7-103 of this article and the time limits specified therein shall apply.

#### Section 5-604

(a)

  (1) Unless bond is expressly excused by the will or by the written waiver of all interested persons, a person appointed as a personal representative in accordance with Sec. 5-603(a)(1) of this subtitle shall be required to give bond if the estate is established to have a gross value of $10,000 or more after the payment of expenses and allowances under Sec. 5-603(a)(2) of this subtitle.

  (2) If the estate is established to have a gross value of less than $10,000 after the payment of expenses and allowances under Sec. 5-603(a)(2) of this subtitle, a person appointed as a personal representative in accordance with Sec. 5-603(a)(1) of this subtitle may not be required to give bond.

  (3) A personal representative under this subtitle is not entitled to receive commissions for the performance of the duties of a personal representative.

(b)

  (1) After the expiration of 60 days following publication of the notice required by Sec. 5-603(b) of this subtitle, the personal representative shall file proof of publication of the notice and a list of all claims, including contingent and disputed claims, and the amount of each filed since the original petition.

  (2) The court shall hear objections filed pursuant to the notice and, if satisfied that all action taken pursuant to this subtitle is proper, shall direct the petitioner to pay all proper claims, expenses, and family allowance and to distribute the net estate in accordance with the will or, if the decedent died intestate, in accordance with Title 3, Subtitle 1 of this article.

(c) The personal representative does not incur any personal liability by payment of claims or distribution of assets in accordance with this subtitle if, at the time of payment or distribution, the representative has no actual knowledge of a valid unbarred claim that has not been filed with the register.

#### Section 5-605

(a) Property of the decedent discovered after the filing of the petition shall be reported immediately by supplemental petition.

(b) If no administration was had in accordance with Sec. 5-603(a)(4) of this subtitle because of the failure to include after-discovered property in the original petition, the register shall direct appropriate proceedings.

(c) If after-discovered property increases the gross value of all property of the decedent subject to administration in Maryland to more than $50,000, or more than $100,000 if all property of the decedent subject to administration in Maryland is transferred to the spouse of the decedent, then any further proceeding may not be had under this subtitle, but the administration shall proceed under the other provisions of the estates of decedents law.

#### Section 5-606

(a) Except as provided in subsections (b) and (c) of this section, for all services listed in Sec. 2-206(b)(1) of this article that a register performs in connection with a small estate, the register shall receive the fees under Sec. 2-206(b)(2) of this article.

(b) For each additional certificate of letters over 4 furnished in connection with a small estate, the register shall receive the additional fee under Sec. 2-206(c) of this article.

(c) The register may not receive fees in connection with a small estate in which:

  (1) The surviving spouse is the sole legatee or heir and has qualified for administration under this subtitle in accordance with Sec. 5-601(c) of this subtitle; and

  (2) The property of the decedent subject to administration in Maryland is established to have a value of $100,000 or less as of the date of death of the decedent.

#### Section 5-607

Except to the extent inconsistent with the letter and the spirit of this subtitle, all other provisions of the estates of decedents law shall be applicable to a small estate.

#### Section 5-608

(a) If the only property owned by a decedent is not more than two motor vehicles and the decedent's surviving spouse is the decedent's only heir or legatee:

  (1) Administration of an estate of the decedent is not required; and

  (2) The Motor Vehicle Administration may transfer title to a motor vehicle  owned by the decedent to the surviving spouse if:

    (i) The surviving spouse certifies to the Motor Vehicle Administration that all debts and taxes owed by the decedent have been paid; and

    (ii) The Motor Vehicle Administration receives a copy of the decedent's death certificate and suitable proof of the existence of the marriage.

(b) If the only property owned by a decedent is a boat or vessel with an appraised value that does not exceed $5,000 and the decedent's surviving spouse is the decedent's only heir or legatee:

  (1) Administration of an estate of the decedent is not required; and

  (2) The agency that issued the certificate of title may transfer the certificate of title for the boat or vessel to the surviving spouse of the decedent if:

    (i) The surviving spouse certifies to the agency that all debts and taxes owed by the decedent have been paid;

    (ii) The agency receives satisfactory evidence of the value of the boat or vessel, which may be provided by a statement signed by two individuals stating that:

      (1) They have personal knowledge of the value of boats or vessels of the type that is in the estate; and

      (2) The value of the boat or vessel does not exceed $5,000; and

    (iii) The agency receives a copy of the decedent's death certificate and suitable proof of the existence of the marriage.

### Subtitle 7. Modified Administration

#### Section 5-701

In this subtitle, "date of appointment" means the date of appointment of the personal representative.

#### Section 5-702

An election for modified administration may be filed by a personal representative of an estate within 3 months from the date of appointment, if:

(1) All residuary legatees of a testate decedent and the heirs at law of an intestate decedent are limited to:

  (i) The decedent's personal representative;

  (ii) Individuals or entities exempt from inheritance tax in the decedent's estate under Sec. 7-203(b), (e), and (f) of the Tax - General Article; and

  (iii) Trusts under which each person who has a current interest in the trust is an individual or entity exempt from inheritance tax in the decedent's estate under Sec. 7-203(b), (e), and (f) of the Tax - General Article;

(2) The estate is solvent and sufficient assets exist to satisfy all testamentary gifts;

(3) A verified final report under modified administration is filed within 10 months from the date of appointment;

(4) Final distribution of the estate can occur within 12 months from the date of appointment; and

(5) All residuary legatees of a testate decedent and the heirs at law of an intestate decedent consent to a modified administration as required under Sec. 5-706 of this subtitle.

#### Section 5-703

(a) The initial time periods for filing a final report and for making distribution to each legatee and heir are extended for 90 days on a consent for extension of the time periods signed by the personal representative and each interested person and filed within 10 months from the date of appointment.

(b) Except as provided in subsection (c) of this section, a register of wills or a court may not extend the time periods established under this subtitle.

(c)

  (1) If the time periods for filing a final report and making distribution to each legatee and heir have been extended under subsection (a) of this section, the register of wills may extend the time periods for an additional period not to exceed 90 days on the filing of a request for an additional extension of the time periods.

  (2) A request filed under paragraph (1) of this subsection shall be:

    (i) Signed by the personal representative and consented to by each interested person; and

    (ii) Delivered to the register of wills before the date for filing a final report as extended under subsection (a) of this section.

#### Section 5-704

(a) After filing an election for modified administration, the personal representative shall:

  (1) File a verified final report under modified administration no later than 10 months from the date of appointment instead of filing a formal inventory and account; and

  (2) On the request of any interested person, provide a formal inventory and account, as required under Title 7 of this article, to all interested persons.

(b) If the personal representative discovers property of the decedent after the time for filing a verified final report required by subsection (a) of this section, the personal representative shall:

  (1) File a verified final report under modified administration with respect to the after-discovered property within 60 days of the discovery of the property; and

  (2) Make final distribution of the after-discovered property within 90 days of the discovery of the property.

#### Section 5-705

An election for modified administration shall include:

(1) A statement that the estate qualifies for modified administration;

(2) A brief description of the property subject to administration; and

(3) An acknowledgment that:

  (i) A verified final report under modified administration shall be filed no later than 10 months from the date of appointment; and

  (ii) Distribution of the estate shall occur no later than 12 months from the date of appointment.

#### Section 5-706

The consent required under Sec. 5-702(5) of this subtitle shall state that the subscribing person has notice that:

(1) Instead of filing a formal inventory and account, the personal representative shall file a verified final report under modified administration no later than 10 months from the date of appointment;

(2) On request by any legatee or heir not paid in full, a formal inventory and account shall be provided by the personal representative to the legatees or heirs;

(3) A written objection to modified administration by an interested person may be filed with the register of wills at any time during administration, which shall revoke the modified administration;

(4) By filing a written objection:

  (i) The modified administration is revoked;

  (ii) The estate shall be administered under administrative probate; and

  (iii) The personal representative shall file a formal inventory and account as needed until the estate is closed;

(5) Unless an interested person waives notice of the verified final report under modified administration, the personal representative shall provide a copy to each interested person within 10 months from the date of the appointment; and

(6) Under modified administration, distribution to all legatees and heirs shall be made within 12 months from the date of appointment.

#### Section 5-707

A final report under modified administration shall include:

(1) A statement representing the continued qualification for modified administration;

(2) An itemized schedule of the decedent's property and the basis of its valuation;

(3) An itemized schedule of liens, debts, taxes, and funeral expenses of the decedent and administration expenses of the estate; and

(4) Schedules setting forth distributive shares of the estate and the applicable inheritance tax.

#### Section 5-708

(a) A modified administration shall be revoked by the:

  (1) Filing of a timely request for judicial probate;

  (2) Filing of a written objection to modified administration by an interested person;

  (3) Filing of a withdrawal of the election for modified administration by a personal representative;

  (4) Orphans' Court, on its own initiative, or for good cause shown by an interested person or by the register of wills;

  (5) Failure to timely file the final report under modified administration and make timely distribution; or

  (6) Failure by the personal representative to comply with any provision of this subtitle.

(b) The register of wills shall mail notice of any revocation by first-class mail, postage prepaid, to each interested person.

(c) If a modified administration is revoked, the personal representative shall:

  (1) Proceed under administrative probate; and

  (2)

    (i) File a formal inventory and account with the register of wills within the time periods provided in Title 7 of this article; or

    (ii) If the deadline has passed for filing either an inventory or an account, file the late document within 30 days from the register's notice of revocation.

#### Section 5-709

An estate under modified administration shall close not later than 13 months from the date of appointment, if a verified final report under modified administration is filed and all probate fees and inheritance taxes are paid.

#### Section 5-710

Except to the extent inconsistent with this subtitle, all other provisions of the law of decedents' estates shall apply to a modified administration.

### Subtitle 8. Admission of Copy of Executed Will

#### Section 5-801

(a) An interested person may file a petition for the admission of a copy of an executed will in accordance with this subtitle.

(b) Notice to interested persons of the filing of the petition is not required.

#### Section 5-802

A petition for admission of a copy of a will may be filed with the court at any time before administrative or judicial probate if:

(1) The original executed will is alleged to be lost or destroyed;

(2) A duplicate reproduction of the original executed will, evidencing a copy of the original signatures of the decedent and the witnesses, is offered for admission; and

(3) All the heirs at law and legatees named in the offered will execute a consent in the manner set forth in Sec. 5-803 of this subtitle.

#### Section 5-803

The consent required under Sec. 5-802 of this subtitle shall be in substantially the following form:

CONSENT TO PROBATE OF COPY OF EXECUTED

LAST WILL AND TESTAMENT

The undersigned ___________________________ and ____________________, being all the heirs at law of the decedent and all the legatees named in the will executed by the decedent on ___________, hereby consent to the probate of a copy of that executed will, it having been determined, after an extensive search of the decedent's personal records, that an original of the will cannot be located. By signing this Consent each of the undersigned affirms that it is his or her belief that the will executed by the decedent on ___________, is the last valid will executed by the decedent and was not revoked and that the copy of the will, as submitted with the petition for its admission, represents a true and correct copy of the will.

We affirm under the penalties of perjury that the facts set forth in this Consent are true and correct to the best of our knowledge, information, and belief.

DATE     SIGNATURE         PRINT NAME AND RELATIONSHIP

________      ______________________      ______________________________________

________      ______________________      ______________________________________

_______________________________

Attorney

________________________________

________________________________

Address

________________________________

Telephone Number

#### Section 5-804

The court may:

(1) Without a hearing, issue an order authorizing:

  (i) The petitioner to proceed with administrative probate in accordance with Subtitle 3 of this title; and

  (ii) The register to accept the copy of the will for administrative probate; or

(2) Require the filing of judicial probate in accordance with Subtitle 4 of this title.

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