Maryland 2024 Regular Session

Maryland House Bill HB326 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	WES MOORE, Governor Ch. 319
2	1
3		-	– 1 –
4		-	Chapter 319
5		-	(House Bill 326)
6	2
7		-	AN ACT concerning
	3	+	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
	4	+	[Brackets] indicate matter deleted from existing law.
	5	+	Underlining indicates amendments to bill.
	6	+	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
	7	+	amendment.
	8	+	hb0326
8	9
9		-	Estates and Trusts – Appointment of Personal Representative – Objections
	10	+	HOUSE BILL 326
	11	+	N2 4lr2093
	12	+	CF SB 80
	13	+	By: Delegate Cardin
	14	+	Introduced and read first time: January 15, 2024
	15	+	Assigned to: Judiciary
	16	+	Committee Report: Favorable
	17	+	House action: Adopted
	18	+	Read second time: February 26, 2024
10	19
11		-	FOR the purpose of authorizing only an interested person or unpaid claimant, rather than
12		-	any person, to file an objection to the appointment of a personal representative of an
13		-	estate of a decedent; and generally relating to personal representatives.
	20	+	CHAPTER ______
14	21
15		-	BY repealing and reenacting, with amendments,
16		-	Article – Estates and Trusts
17		-	Section 7–103
18		-	Annotated Code of Maryland
19		-	(2022 Replacement Volume and 2023 Supplement)
	22	+	AN ACT concerning 1
20	23
21		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
22		-	That the Laws of Maryland read as follows:
	24	+	Estates and Trusts – Appointment of Personal Representative – Objections 2
23	25
24		-	Article – Estates and Trusts
	26	+	FOR the purpose of authorizing only an interested person or unpaid claimant, rather than 3
	27	+	any person, to file an objection to the appointment of a personal representative of an 4
	28	+	estate of a decedent; and generally relating to personal representatives. 5
25	29
26		-	7–103.
	30	+	BY repealing and reenacting, with amendments, 6
	31	+	Article – Estates and Trusts 7
	32	+	Section 7–103 8
	33	+	Annotated Code of Maryland 9
	34	+	(2022 Replacement Volume and 2023 Supplement) 10
27	35
28		-	(a) (1) After the appointment of a personal representative, the register shall
29		-	have a notice of the appointment published in a newspaper of general circulation in the
30		-	county of appointment once a week in 3 successive weeks, announcing the appointment and
31		-	address of the personal representative, and notifying creditors of the estate to present their
32		-	claims.
	36	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
	37	+	That the Laws of Maryland read as follows: 12
33	38
34		-	(2) The personal representative shall file or have filed with the register a
35		-	certification that a notice has been published.
	39	+	Article – Estates and Trusts 13
36	40
37		-	~~(b) The notice of appointment shall be substantially in the following form:~~
	41	+	7–103. 14
38	42
39		-	“To all persons interested in the estate of.......................:
	43	+	(a) (1) After the appointment of a personal representative, the register shall 15
	44	+	have a notice of the appointment published in a newspaper of general circulation in the 16
	45	+	county of appointment once a week in 3 successive weeks, announcing the appointment and 17
	46	+	address of the personal representative, and notifying creditors of the estate to present their 18
	47	+	claims. 19
	48	+	2 HOUSE BILL 326
40	49
41		-	This is to give notice that the undersigned, ……… whose address is ……… was, on
42		-	………, appointed personal representative of the estate of ……… who died on …… (with)
43		-	(without) a will.
44	50
45		-	[All persons having any objection to the appointment (or to the probate of the will of
46		-	the decedent) shall file the same with the register of wills on or before 6 months from the
47		-	date of the appointment.]
48		-	Ch. 319 2024 LAWS OF MARYLAND
	51	+	(2) The personal representative shall file or have filed with the register a 1
	52	+	certification that a notice has been published. 2
49	53
50		-	– 2 –
51		-	ALL INTERESTED PERSONS O R UNPAID CLAIMANTS H AVING ANY OBJECTION
52		-	TO THE APPOINTMENT O F THE PERSONAL REPRE SENTATIVE SHALL FILE THE SAME
53		-	WITH THE REGISTER OF WILLS ON OR BEFORE 6 MONTHS FROM THE DATE OF THE
54		-	APPOINTMENT .
	54	+	(b) The notice of appointment shall be substantially in the following form: 3
55	55
56		-	ALL PERSONS HAVING ANY OBJECTION TO THE PROBATE OF TH E WILL OF THE
57		-	DECEDENT SHALL FILE THE SAME WITH THE RE GISTER OF WILLS ON O R BEFORE 6
58		-	MONTHS FROM THE DATE OF THE APPOINTMENT .
	56	+	“To all persons interested in the estate of.......................: 4
59	57
60		-	~~All persons having claims against~~ the ~~decedent must present their claims to the~~
61		-	~~undersigned~~, ~~or file them with the register of wills on or before the earlier~~ of the ~~following~~
62		-	~~dates:~~
	58	+	This is to give notice that the undersigned, ……… whose address is ……… was, on 5
	59	+	………, appointed personal representative of the estate of ……… who died on …… (with) 6
	60	+	(without) a will. 7
63	61
64		-	(1) 6 months from the date of the decedent’s death; or
	62	+	[All persons having any objection to the appointment (or to the probate of the will of 8
	63	+	the decedent) shall file the same with the register of wills on or before 6 months from the 9
	64	+	date of the appointment.] 10
65	65
66		-	~~(2) 2 months after the personal representative mails~~ or ~~otherwise delivers~~
67		-	to the ~~creditor a copy of this published notice or other written notice, notifying~~ the ~~creditor~~
68		-	~~that~~ the ~~creditor’s claim will be barred unless~~ the ~~creditor presents~~ the ~~claim within 2~~
69		-	~~months from the mailing or other delivery of the notice~~.
	66	+	ALL INTERESTED PERSONS OR UNPAID CL AIMANTS HAVING ANY O BJECTION 11
	67	+	TO THE APPOINTMENT O F THE PERSONAL REPRE SENTATIVE SHALL FILE THE SAME 12
	68	+	WITH THE REGISTER OF WILLS ON OR BEFORE 6 MONTHS FROM THE DATE OF THE 13
	69	+	APPOINTMENT . 14
70	70
71		-	Any claim not filed on or before that date, or any extension provided by law, is
72		-	unenforceable thereafter.
	71	+	ALL PERSONS HAVING ANY OBJECTION TO THE PROBATE OF THE WILL OF THE 15
	72	+	DECEDENT SHALL FILE THE SAME WITH THE RE GISTER OF WILLS ON O R BEFORE 6 16
	73	+	MONTHS FROM THE DATE OF THE APPOINTMENT . 17
73	74
74		-	……………………………
75		-	Personal representative
76		-	Date of first publication:
77		-	……………………………”.
	75	+	All persons having claims against the decedent must present their claims to the 18
	76	+	undersigned, or file them with the register of wills on or before the earlier of the following 19
	77	+	dates: 20
78	78
79		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
80		-	October 1, 2024.
	79	+	(1) 6 months from the date of the decedent’s death; or 21
81	80
82		-	Approved by the Governor, April 25, 2024.
	81	+	(2) 2 months after the personal representative mails or otherwise delivers 22
	82	+	to the creditor a copy of this published notice or other written notice, notifying the creditor 23
	83	+	that the creditor’s claim will be barred unless the creditor presents the claim within 2 24
	84	+	months from the mailing or other delivery of the notice. 25
	85	+
	86	+	Any claim not filed on or before that date, or any extension provided by law, is 26
	87	+	unenforceable thereafter. 27
	88	+
	89	+	…………………………… 28
	90	+	Personal representative 29
	91	+	Date of first publication: 30
	92	+	……………………………”. 31
	93	+
	94	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 32
	95	+	October 1, 2024. 33
	96	+