Michie's Legal Resources



		Rule 6-443. Meeting of distributees and distribution by court.



		(a) Request.- When the personal representative cannot obtain agreement from all interested persons entitled to distribution, or if the personal representative has reason to believe that there may be a person entitled to distribution whose name, address, or survival is unknown, the personal representative may file with the court a request for a meeting, under the supervision of the court, of all interested persons entitled to distribution. The request shall set forth the purpose of the meeting, may include the proposed distribution, and shall ask the court to set a date for the meeting. If the personal representative has reason to believe that there may be an interested person entitled to distribution whose name, address, or survival is unknown, the request shall be accompanied by an affidavit so stating and setting forth the good faith efforts made to identify and locate the person.



		(b) Notice.- The court shall set a date for the meeting allowing sufficient time for the personal representative to comply with the notice requirements set forth in this section. At least 20 days before the meeting the personal representative shall serve on each distributee whose identity and whereabouts are known a notice of the date, time, and place of the meeting, and if the request was accompanied by an affidavit under section (a) of this Rule, the personal representative shall publish notice of the date, time, and place, and purpose of the meeting. The notice shall be published in a newspaper of general circulation once a week for three successive weeks in the county of appointment. The first publication shall be made at least 20 days before the meeting. The personal representative shall make such other efforts to learn the names and addresses of additional interested persons as the court may direct.



		(c) Appointment of disinterested persons.- At any time, the court may appoint two disinterested persons, not related to the distributees, to recommend a proposed distribution or sale.



		(d) Order.- Following the meeting, the court shall issue an appropriate order of distribution or sale.



		Rule 6-444. Petition for partition or sale of property.



		(a) Petition.- When two or more heirs or legatees are entitled to distribution of undivided interests in property of the estate, the personal representative or one or more of the heirs or legatees may petition the court before the closing of the estate to order partition of the property or sale of the property in lieu of partition. The petition shall contain a brief description of the property and the relief requested. It shall be served on all interested heirs and legatees.



		(b) Disposition.- The court shall determine whether there shall be partition or sale and shall thereafter proceed pursuant to Title 12, Chapter 400. (Amended June 5, 1996, effective Jan. 1, 1997.)



		Rule 6-451. Resignation of personal representative.



		(a) Notice.- A personal representative who wishes to resign before the approval of the final account shall file with the register a statement of resignation and a certificate that a notice of intention to resign was served on all interested persons at least 20 days prior to the filing of the statement.



		(b) Successor.- If no one applies for appointment as successor personal representative or special administrator before the filing of the statement of resignation and an appointment is not made within the 20-day period, the resigning personal representative may apply to the court for appointment of a successor.



		(c) Account of resigning personal representative.- Upon appointment of a successor personal representative or special administrator, the court shall order the resigning personal representative to (1) file an account with the court and deliver the property of the estate to the successor personal representative or special administrator or (2) comply with Rule 6-417 (c). The resignation is effective upon appointment of the successor or special administrator.



		(d) Inventory of successor personal representative.- Within three months after appointment, a successor personal representative shall file either a new inventory to replace the one filed by the predecessor personal representative or a written consent to be answerable for the items as listed and valued in the inventory or retained in the most recent account filed by the predecessor.



		(e) Resignation of co-personal representative.- A co-personal representative may resign by filing with the register a statement of resignation and a certificate that a notice of intention to resign was served on all interested persons at least 20 days prior to the filing of the statement.



		[Amended Dec. 4, 2007, effective Jan. 1, 2008.]



		Rule 6-452. Removal of a personal representative.



		(a) Commencement.- The removal of a personal representative may be initiated by the court or the register, or on petition of an interested person.



		(b) Show cause order and hearing.- The court shall issue an order (1) stating the grounds asserted for the removal, unless a petition for removal has been filed, (2) directing that cause be shown why the personal representative should not be removed, and (3) setting a hearing. The order may contain a notice that the personal representative, after being served with the order, may exercise only the powers of a special administrator or such other powers as the court may direct. Unless otherwise permitted by the court, the order shall be served by certified mail on the personal representative, all interested persons, and such other persons as the court may direct. The court shall conduct a hearing for the purpose of determining whether the personal representative should be removed.



		Cross References. Rule 6-124.



		(c) Appointment of successor personal representative.- Concurrently with the removal of a personal representative, the court shall appoint a successor personal representative or special administrator.



		(d) Account of removed personal representative.- Upon appointment of a successor personal representative or special administrator, the court shall order the personal representative who is being removed from office to (1) file an account with the court and deliver the property of the estate to the successor personal representative or special administrator or (2) comply with Rule 6-417 (c).



		[Amended Nov. 12, 2003, effective Jan. 1, 2004.]



		Rule 6-453. Suspension of powers and duties of a personal representative.



		On petition 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.



		Rule 6-454. Special administration.



		(a) Appointment of special administrator.- When necessary to protect property before the appointment and qualification of a personal representative or before the appointment of a successor personal representative following a vacancy in the position of personal representative, the court shall enter an order appointing a special administrator. The appointment may be initiated by the court or the register or upon the filing of a petition by an interested person, a creditor, the personal representative of a deceased personal representative, or the person appointed to protect the estate of a personal representative under a legal disability.



		(b) Contents of petition.- A petition for appointment of a special administrator shall contain a brief description of the property requiring protection, a statement setting forth the necessity for the appointment before the appointment of a personal representative and, when appropriate, the reasons for the delay in the appointment of a personal representative.



		(c) Bond.- Upon appointment, the special administrator shall comply with Rule 6-312, except to the extent that the court, upon recommendation of the register, may otherwise prescribe.



		(d) Specified duties.- The special administrator shall assume any unperformed duties required of a personal representative concerning the preparation and filing of inventories, accounts and notices of filing accounts, and proposed payments of fees and commissions. The special administrator shall collect, manage, and preserve property of the estate and shall account to the personal representative subsequently appointed. The special administrator shall have such further powers and duties as the court may order.



		(e) Notice.- Notice of the appointment of a special administrator is not required unless otherwise directed by the court.



		[Amended Feb. 10, 1998, effective July 1, 1998; Nov. 12, 2003, effective Jan. 1, 2004.]



		Rule 6-455. Modified administration.



		(a) Generally.- When authorized by law, an election for modified administration may be filed by a personal representative within three (3) months after the appointment of the personal representative.

    (b) Form of election.- An election for modified administration shall be in the following form:



BEFORE THE REGISTER OF WILLS FOR ____________,                                                           MARYLAND

ESTATE OF ________________________________                                                       Estate No.
______________________________________________________________________________

ELECTION OF PERSONAL REPRESENTATIVE FOR

MODIFIED ADMINISTRATION

1. I elect Modified Administration. This estate qualifies for Modified
Administration for the following reasons:

(a) The decedent died on ______________ [] with a will or [] without a
will.

(b) This Election is filed within 3 months from the date of my appointment

which was on _______________________________________________________________.

(c) [] Each of the residuary legatees named in the will or [] each of the
heirs of the intestate decedent is either:

   [] The decedent's personal representative or [] an individual or an entity
exempt from inheritance tax in the decedent's estate under § 7-203 (b), (e),
and (f) of the Tax - General Article.

(d) Each trustee of every trust that is a residuary legatee is one or more
of the following: the decedent's [] personal representative, [] surviving
spouse, [] child.

(e) Consents of the persons referenced in 1 (c) [] are filed herewith or []
were filed previously.

(f) The estate is solvent and the assets are sufficient to satisfy all
specific legacies.

(g) Final distribution of the estate can be made within 12 months after the
date of my appointment.

2. Property of the estate is briefly described as follows:

    Description          Estimated Value

____________________________________         _________________________________

____________________________________         _________________________________

____________________________________         _________________________________

____________________________________         _________________________________

____________________________________         _________________________________

3. I acknowledge that I must file a Final Report Under Modified
Administration no later than 10 months after the date of appointment and
that, upon request of any interested person, I must provide a full and
accurate Inventory and Account to all interested persons.

4. I acknowledge the requirement under Modified Administration to make full
distribution within 12 months after the date of appointment.

5. I acknowledge and understand that Modified Administration shall continue
as long as all the requirements are met.

I solemnly affirm under the penalties of perjury that the contents of the
foregoing are true to the best of my knowledge, information and belief.

____________________________        __________________________________________

Attorney        Personal Representative

____________________________        __________________________________________

Address        Personal Representative

____________________________

Address

____________________________

Telephone

(c) Consent.- An election for modified administration may be filed if
all the residuary legatees of a testate decedent and the heirs at law of an
intestate decedent consent in the following form:

BEFORE THE REGISTER OF WILLS FOR ____________,                                                           MARYLAND

ESTATE OF ______________________________          Estate No. _________________

CONSENT TO ELECTION FOR

MODIFIED ADMINISTRATION

    I am a [] residuary legatee, who is the decedent's personal
representative or an individual or an entity exempt from inheritance tax
under §7-203 (b), (e), and (f) of Code, Tax General Article, [] an heir of
the decedent who died intestate, and I am the decedent's personal
representative or an individual or an entity exempt from inheritance tax
under §7-203 (b), (e), and (f), [] or a trustee of a trust that is a
residuary legatee who is the decedent's personal representative, surviving
spouse, or child.


1. Instead of filing a formal Inventory and Account, the personal
representative will file a verified Final Report Under Modified
Administration no later than 10 months after the date of appointment.


2. Upon written request to the personal representative by any legatee not
paid in full or any heir-at-law of a decedent who died without a will, a
formal Inventory and Account shall be provided by the personal representative
to the legatees or heirs of the estate.


3. At any time during administration of the estate, I may revoke Modified
Administration by filing a written objection with the Register of Wills. Once
filed, the objection is binding on the estate and cannot be withdrawn.


4. If Modified Administration is revoked, the estate will proceed under
Administrative Probate and the personal representative shall file a formal
Inventory and Account, as required, until the estate is closed.


5. Unless I waive notice of the verified Final Report Under Modified
Administration, the personal representative will provide a copy of the Final
Report to me, upon its filing which shall be no later than 10 months after
the date of appointment.


6. Final Distribution of the estate will occur not later than 12 months
after the date of appointment of the personal representative.

____________________________________         ________________________________

Signature of Residuary Legatee or Heir         State Relationship to
Decedent

____________________________________

Type or Print Name

____________________________________         ________________________________

Signature of Residuary Legatee or Heir         State Relationship to
Decedent

____________________________________

Type or Print Name

____________________________________         ________________________________

Signature of Trustee         Signature of Trustee

____________________________________         ________________________________

Type or Print Name         Type or Print Name

(d) Final report.-

   (1) Filing.- A verified final report shall be filed no later than 10
months after the date of the personal representative's appointment.

   (2) Copies to interested persons.- Unless an interested person waives
notice of the verified final report under modified administration, the
personal representative shall serve a copy of the final report on each
interested person.

   (3) Contents.- A final report under modified administration shall be
in the following form:

BEFORE THE REGISTER OF WILLS FOR _____________,                                                           MARYLAND

ESTATE OF __________________________         Estate No._______________________

Date of Death __________________________         Date of Appointment

of Personal Repre-

sentative ____________________________________________________________

FINAL REPORT UNDER MODIFIED ADMINISTRATION

(Must be filed within 10 months after the date of appointment)

    I, Personal Representative of the estate, report the following:

   1. The estate continues to qualify for Modified Administration as set
forth in the Election for Modified Administration on file with the Register
of Wills.

   2. Attached are the following Schedules and supporting attachments:

   Total Schedule A:          Reportable Property ....................                                                                        $
______________________________________________________________________________

   Total Schedule B:          Payments and Disbursements ..........                                                                        $(
______________________________________________________________________________

   Total Schedule C:          Distribution of Net Reportable

           Property ..........                                                                        $
______________________________________________________________________________

   3. I acknowledge that:


(a) Final distributions shall be made within 12 months after the date of
my appointment as personal representative.


(b) If Modified Administration is revoked, the estate shall proceed under
Administrative Probate, and I will file a formal Inventory and Account, as
required, until the estate is closed.

    I solemnly affirm under the penalties of perjury that the contents of the
foregoing are true to the best of my knowledge, information, and belief and
that any property valued by me which I have authority as personal
representative to appraise has been valued completely and correctly in
accordance with law.

________________________________         ____________________________________

Attorney Signature         Personal Representative                      Date

________________________________         ____________________________________

Address         Personal Representative                                 Date

________________________________         ____________________________________

Address         Personal Representative                                 Date

________________________________

Telephone

CERTIFICATE OF SERVICE OF

FINAL REPORT UNDER MODIFIED ADMINISTRATION

    I hereby certify that on this ____ day of ____________, I delivered or
mailed, postage prepaid, a copy of the foregoing Final Report Under Modified
Administration and attached Schedules to the following persons:

       Names          Addresses

____________________________        __________________________________________

____________________________        __________________________________________

____________________________        __________________________________________

____________________________        __________________________________________

____________________________        _________________________________________

Attorney        Personal Representative

____________________________        _________________________________________

Address        Personal Representative

____________________________________________________________________________

City, State, Zip Code

____________________________

Telephone Number

_____________________________________________________________________________

FOR REGISTER OF WILLS USE

Distributions subject to collateral ____________
Tax thereon ________

tax at ________ %

Distribution subject to collateral ____________
Tax thereon ________

tax at ________ %

Distribution subject to direct tax ____________
Tax thereon ________

at ________ %

Distribution subject to direct tax         ____________
                                                         Tax thereon ________

Exempt distributions to ________________________
                                ____________

(Identity of the recipient)

Exempt distributions to ________________________
____________

(Identity of the recipient)

Exempt distributions to ________________________
____________

(Identity of the recipient)

Total Inheritance Tax due                                       ____________

Total Inheritance Tax paid                                      ____________

Gross estate ____________        Probate Fee & Costs

Collected ____________

FINAL REPORT UNDER MODIFIED ADMINISTRATION

SUPPORTING SCHEDULE A

REPORTABLE PROPERTY

ESTATE OF ______________________________ Estate No. ________________

Basis of

Item No. Description Valuation Value

TOTAL REPORTABLE PROPERTY OF THE DECEDENT $
_____________________________________________________________________________

(Carry forward to Schedule C)

_____________________________________________________________________________

INSTRUCTIONS

    ALL REAL AND PERSONAL PROPERTY MUST BE INCLUDED AT DATE OF DEATH VALUE.
THIS DOES NOT INCLUDE INCOME EARNED DURING ADMINISTRATION OR CAPITAL GAINS OR
LOSSES REALIZED FROM THE SALE OF PROPERTY DURING ADMINISTRATION. ATTACHED
APPRAISALS OR COPY OF REAL PROPERTY ASSESSMENTS AS REQUIRED:


1. Real and leasehold property: Fair market value must be established by a
qualified appraiser. For decedents dying on or after January 1, 1998, in lieu
of a formal appraisal, real and leasehold property may be valued at the full
cash value for property tax assessment purposes as of the most recent date of
finality. This does not apply to property tax assessment purposes on the
basis of its use value.


2. The personal representative may value: Debts owed to the decedent,
including bonds and notes; bank accounts, building, savings and loan
association shares, money and corporate stocks listed on a national or
regional exchange or over the counter securities.


3. All other interests in tangible or intangible property: Fair market
value must be established by a qualified appraiser.

    _________________________________________________________________________

ATTACH ADDITIONAL SCHEDULES AS NEEDED

FINAL REPORT UNDER MODIFIED ADMINISTRATION

SUPPORTING SCHEDULE B

Payments and Disbursements

ESTATE OF ______________________________           Estate No. _______________

Item No.       Description                                      Amount Paid

Total Disbursements:                                               $ ____________

(Carry forward to Schedule C)

_____________________________________________________________________________

INSTRUCTIONS

   1. Itemize all liens against property of the estate including mortgage
balances.


   2. Itemize sums paid (or to be paid) within twelve months from the date of
appointment for: debts of the decedent, taxes due by the decedent, funeral
expenses of the decedent, family allowance, personal representative and
attorney compensation, probate fee and other administration expenses of the
estate.

_____________________________________________________________________________

ATTACH ADDITIONAL SCHEDULES AS NEEDED

FINAL REPORT UNDER MODIFIED ADMINISTRATION

SUPPORTING SCHEDULE C

Distributions of Net Reportable Property

1. SUMMARY OF REPORTABLE PROPERTY

Total from Schedule A ....................                                                   ____________

Total from Schedule B ....................                                                   ____________

Total Net Reportable Property ....................                                                   ____________

   (Schedule A minus Schedule B)

2. SPECIFIC BEQUESTS (If Applicable)

Name of Legatee or Heir        Distributable Share
                                      Inheritance

of Reportable Estate Tax Thereon

3. DISTRIBUTION OF BALANCE OF ESTATE

Name of Legatee or Heir Distributable Share
Inheritance

of Reportable Estate Tax Thereon

Total Reportable Distributions $ ____________

Inheritance Tax $ ____________

_____________________________________________________________________________

ATTACH ADDITIONAL SCHEDULES AS NEEDED

(4) Inventory and account.- The provisions of Rule 6-402 (Inventory) and Rule 6-417 (Account) do not apply.
(e) Revocation.-
(1) Causes for revocation.- A modified administration shall be revoked by:
(A) the filing of a timely request for judicial probate;
(B) the filing of a written objection by an interested person;
(C) the personal representative's filing of a withdrawal of the election for modified administration;
(D) the court, on its own initiative, or for good cause shown by an interested person or by the register;
(E) the personal representative's failure to timely file the final report and make distribution within 12 months after the date of appointment, or to comply with any other provision of this Rule or Code, Estates and Trusts Article, §§ 5-701 through 5-710.
(2) Notice of revocation.- The register shall serve notice of revocation on each interested person.
(3) Consequences of revocation.- Upon revocation, the personal representative shall file a formal inventory and account with the register pursuant to Rules 6-402 and 6-417. The inventory and account shall be filed within the time provided by Rules 6-402 and 6-417, or, if the deadline for filing has passed, within 30 days after service of the register's notice of revocation.



		[Added Feb. 10, 1998, effective July 1, 1998; Amended Mar. 5, 2001, effective July 1, 2001; Nov. 12, 2003, effective Jan. 1, 2004; April 5, 2005, effective July 1, 2005; Dec. 4, 2007, effective Jan. 1, 2008]



		Rule 6-456. Modified administration - Extension of time to file a final report and to make distribution.



		(a) Generally.- The initial time periods for filing a final report and for making distribution to each legatee and heir may be extended for 90 days if the personal representative and each interested person sign the form set out in section (b) of this Rule and file the form within 10 months of the date of appointment of the personal representative.

    (b) Form.- A consent to an extension of time to file a final report and to make distribution in a modified administration shall be in substantially the following form:



BEFORE THE REGISTER OF WILLS FOR ____________,                                                           MARYLAND

IN THE ESTATE OF ________________________                                                       Estate No.
______________________________________________________________________________

Date of Death ________________________ Date of Appointment

Of Personal Representative ___________________________________________________

CONSENT TO EXTEND TIME TO FILE FINAL REPORT AND TO MAKE DISTRIBUTION IN A

MODIFIED ADMINISTRATION

We, the Personal Representative and Interested Persons in the
above-captioned estate, consent to extend for 90 days the time to file a
final report and to make distribution in the modified administration of the
estate. We acknowledge that this consent must be filed within 10 months of
the date of appointment of the personal representative.

Personal Representatives

(Type or Print Names)

____________________________________         _________________________________

Name          Signature

____________________________________         _________________________________

Name          Signature

____________________________________         _________________________________

Name          Signature

Interested Persons

(Type or Print Names)



		[Added Nov. 12, 2003, effective Jan. 1, 2004; Amended April 5, 2005, effective July 1, 2005.]



		Rule 6-461. Applicability of Title 2 rules.



		(a) Discovery rules.- Discovery in accordance with the rules in Title 2, Chapter 400 is available in any court proceeding on a contested matter.



		(b) Summary judgment.- Rule 2-501 applies to a proceeding in the orphans' court.



		(c) Motions to alter, amend, or revise a final order.- Rules 2-534 and 2-535 apply to a final order entered pursuant to Rule 6-171.



		(d) Other rules.- In any proceeding in which an issue of law or fact is in controversy, the court, on petition of a party or on its own motion and after notice to all persons who may be affected by the proceeding and an opportunity to be heard, may apply other rules in Title 2. The petition and notice shall state the specific rules in Title 2 that the court is requested to apply.



		[Amended Nov. 12, 2003, effective Jan. 1, 2004.]



		Rule 6-462. Applicability of Title 5 rules.



		Title 5 of these rules applies to plenary proceedings in the court. In the interest of justice, the court may decline to require strict application of the rules in Title 5, except those relating to the competency of witnesses.



		[Added Dec. 15, 1993, effective July 1, 1994.]



		Rule 6-463. Appeals.



		An appeal from a judgment of the court may be taken (a) to the Court of Special Appeals of Maryland pursuant to Code, Courts Article, § 12-501, or (b) except in Harford and Montgomery Counties, to the circuit court for the county pursuant to Code, Courts Article, § 12-502 and Title 7, Chapter 500 of these Rules.



		[Amended Dec. 4, 2007, effective Jan. 1, 2008.]



		Rule 6-464. Striking of notice of appeal by orphans' court.



		(a) Generally.- On motion or on its own initiative, the orphans' court may strike a notice of appeal (1) that has not been filed within the time prescribed by Rule 6-463, (2) if the Register of Wills has prepared the record pursuant to Code, Courts Article, §§ 12-501 and 12-502 and the appellant has failed to pay for the record, (3) if the appellant has failed to deposit with the Register of Wills the filing fee required by Code, Estates and Trusts Article, § 2-206, unless the fee has been waived by an order of court, (4) the appeal has been taken to the Court of Special Appeals and the appellant has failed to deposit with the Register of Wills the transcript costs, or (5) if by reason of any other neglect on the part of the appellant the record has not been transmitted to the court to which the appeal has been taken within the time prescribed in Code, Courts Article, § 12-502.



		(b) Notice.- Before the orphans' court strikes a notice of appeal on its own initiative, the Register of Wills shall serve on all interested persons pursuant to Rule 6-125 a notice that an order striking the notice of appeal will be entered unless a response is filed within 15 days after service showing good cause why the notice of appeal should not be stricken.



		[Added Nov. 12, 2003, effective Jan. 1, 2004; Dec. 4, 2007, effective Jan. 1, 2008.]