§ 5–702
Statutes in effect as of October 1, 2026.
Md. Code Ann., Est. & Trusts § 5-702 (2026)
Title 5. Opening the Estate
Subtitle 7. Modified Administration
§ 5–702LinkCopy Citation
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 § 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 § 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 § 5–706 of this subtitle.