Title 6. The Personal Representative — Subtitle 3. Suspension and Termination of Powers
Statutes in effect as of October 1, 2026.
Md. Code Ann., Est. & Trusts § 6-301 (2026)
Title 6. The Personal Representative
Subtitle 3. Suspension and Termination of Powers
§ 6–301LinkCopy Citation
On written application of an interested person, the court may suspend any of the powers and duties of the personal representative in accordance with the injunction provisions of the Maryland Rules.
Md. Code Ann., Est. & Trusts § 6-302 (2026)
Title 6. The Personal Representative
Subtitle 3. Suspension and Termination of Powers
§ 6–302LinkCopy Citation
The appointment of a personal representative shall be terminated in accordance with Title 10 of this article and may be terminated sooner by the personal representative’s death, disability, resignation, or removal as provided in §§ 6–303 through 6–307 of this subtitle.
Md. Code Ann., Est. & Trusts § 6-303 (2026)
Title 6. The Personal Representative
Subtitle 3. Suspension and Termination of Powers
§ 6–303LinkCopy Citation
(a)
Termination ends the right and power pertaining to the office of personal representative as conferred by will or by the estates of decedents law.
(b)
A personal representative whose appointment has been terminated shall:
(1)
Unless otherwise ordered by the court, perform acts necessary to protect property belonging to the estate; and
(2)
Deliver the property to the successor representative.
(c)
Termination does not discharge a personal representative from liability for transactions or omissions occurring before termination, or relieve the personal representative of the duty to protect property subject to the personal representative’s control, and to account for and deliver the property to the personal representative’s successor.
(d)
Termination does not affect the personal jurisdiction to which the personal representative has given consent pursuant to § 6–101 of this title in proceedings which may be commenced against the personal representative arising out of the performance of the personal representative’s duties as personal representative.
(e)
All lawful acts of a personal representative before the termination of the personal representative’s appointment remain valid and effective.
Md. Code Ann., Est. & Trusts § 6-304 (2026)
Title 6. The Personal Representative
Subtitle 3. Suspension and Termination of Powers
§ 6–304LinkCopy Citation
(a)
The appointment of a personal representative shall be terminated by the personal representative’s death or a judicial determination of the personal representative’s disability.
(b)
In either case, unless there is a surviving personal representative the personal representative of a deceased personal representative or the person appointed to protect the estate of a personal representative under legal disability shall:
(1)
Have the duty to protect property belonging to the estate being administered by the deceased or disabled personal representative;
(2)
Have the power to perform acts necessary for the protection of property;
(3)
Immediately account for and deliver the property to a successor personal representative or special administrator; and
(4)
Immediately apply to the court for the appointment of a special administrator or successor personal representative to carry on the administration of the estate that was being administered by the deceased or disabled personal representative.
Md. Code Ann., Est. & Trusts § 6-305 (2026)
Title 6. The Personal Representative
Subtitle 3. Suspension and Termination of Powers
§ 6–305LinkCopy Citation
(a)
A personal representative may resign the personal representative’s position by filing a written statement of resignation with the register after the personal representative has given at least 20 days’ written notice to all interested persons of the personal representative’s intention to resign.
(b)
If no one applies for the appointment of a successor personal representative or special administrator, and an appointment is not made within the 20-day period, the resigning personal representative may apply to the court for the appointment of the personal representative’s successor.
(c)
The resignation is effective upon the appointment of a successor, and the resigning personal representative shall immediately account for and deliver the property belonging to the estate to the successor or special administrator.
(d)
The resignation of a copersonal representative is effective upon the giving of notice and the filing of the statement of resignation as provided in this section.
Md. Code Ann., Est. & Trusts § 6-306 (2026)
Title 6. The Personal Representative
Subtitle 3. Suspension and Termination of Powers
§ 6–306LinkCopy Citation
(a)
A personal representative shall be removed from office on a finding by the court that the personal representative:
(1)
Misrepresented material facts in the proceedings leading to the personal representative’s appointment;
(2)
Willfully disregarded an order of the court;
(3)
Is unable or incapable, with or without the personal representative’s own fault, to discharge the personal representative’s duties and powers effectively;
(4)
Has mismanaged property;
(5)
Has failed to maintain on file with the register a currently effective designation of an appropriate local agent for service of process as described in § 5–105(c)(6) of this article; or
(6)
Has failed, without reasonable excuse, to perform a material duty pertaining to the office.
(b)
Even if there exists cause for removal for failure to perform a material duty pertaining to the office, the court may continue the personal representative in office if it finds that continuance would be in the best interests of the estate and would not adversely affect the rights of interested persons or creditors.
(c)
(1)
A hearing shall be conducted by the court before the removal of a personal representative.
(2)
The hearing may be held:
(i)
On the motion of the court;
(ii)
On the motion of the register; or
(iii)
On the written petition of an interested person.
(3)
Notice of hearing shall be given by the register to all interested persons.
(4)
After notice has been given to the personal representative, the personal representative may exercise only the powers of a special administrator as permitted by § 6–403 of this title.
(d)
Concurrently with the removal of a personal representative, the court shall appoint a successor personal representative or a special administrator.
(e)
A personal representative who is removed from office shall account for and immediately deliver the property belonging to the estate to the personal representative’s successor or special administrator.
Md. Code Ann., Est. & Trusts § 6-307 (2026)
Title 6. The Personal Representative
Subtitle 3. Suspension and Termination of Powers
§ 6–307LinkCopy Citation
(a)
(1)
The appointment of a personal representative who has been appointed by administrative probate is terminated by a timely request for judicial probate.
(2)
The validity of an act performed by the person as personal representative is not affected by this termination.
(b)
Subject to an order in the proceeding for judicial probate, a personal representative appointed previously has the powers and duties of a special administrator until the appointment of a personal representative in the judicial probate proceeding.
(c)
A person, whose appointment as a personal representative is terminated by a request for judicial probate, may be reappointed.
(d)
The appointment of a personal representative is reinstated on a dismissal or withdrawal of a request for judicial probate.
Md. Code Ann., Est. & Trusts § 6-308 (2026)
Title 6. The Personal Representative
Subtitle 3. Suspension and Termination of Powers
§ 6–308LinkCopy Citation
(a)
A personal representative whose appointment is terminated may receive for the personal representative’s services the compensation awarded by the court at the time of the termination of the personal representative’s appointment.
(b)
The compensation awarded by the court may not exceed an appropriate proportion of the statutory limit allowable under § 7–601 of this article.