EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
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SENATE BILL 80
N2 4lr1372
(PRE–FILED) CF 4lr2093
By: Senator West
Requested: November 1, 2023
Introduced and read first time: January 10, 2024
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Estates and Trusts – Appointment of Personal Representative – Objections 2
FOR the purpose of authorizing only an interested person or unpaid claimant, rather than 3
any person, to file an objection to the appointment of a personal representative of an 4
estate of a decedent; and generally relating to personal representatives. 5
BY repealing and reenacting, with amendments, 6
Article – Estates and Trusts 7
Section 7–103 8
Annotated Code of Maryland 9
(2022 Replacement Volume and 2023 Supplement) 10
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
That the Laws of Maryland read as follows: 12
Article – Estates and Trusts 13
7–103. 14
(a) (1) After the appointment of a personal representative, the register shall 15
have a notice of the appointment published in a newspaper of general circulation in the 16
county of appointment once a week in 3 successive weeks, announcing the appointment and 17
address of the personal representative, and notifying creditors of the estate to present their 18
claims. 19
(2) The personal representative shall file or have filed with the register a 20
certification that a notice has been published. 21
(b) The notice of appointment shall be substantially in the following form: 22
2 SENATE BILL 80
“To all persons interested in the estate of .......................: 1
This is to give notice that the undersigned, ……… whose address is ……… was, on 2
………, appointed personal representative of the estate of ……… who died on …… (with) 3
(without) a will. 4
[All persons having any objection to the appointment (or to the probate of the will of 5
the decedent) shall file the same with the register of wills on or before 6 months from the 6
date of the appointment.] 7
ALL INTERESTED PERSON S OR UNPAID CLAIMANTS HAV ING ANY OBJECTION 8
TO THE APPOINTMENT O F THE PERSONAL REPRE SENTATIVE SHALL FILE THE SAME 9
WITH THE REGISTER OF WILLS ON OR BEFORE 6 MONTHS FROM THE DATE OF THE 10
APPOINTMENT . 11
ALL PERSONS HAVING ANY OBJECTION TO THE PROBATE OF THE W ILL OF THE 12
DECEDENT SHALL FILE THE SAME WITH THE RE GISTER OF WILLS ON OR BEFORE 6 13
MONTHS FROM THE DATE OF THE APPOINTMENT . 14
All persons having claims against the decedent must present their claims to the 15
undersigned, or file them with the register of wills on or before the earlier of the following 16
dates: 17
(1) 6 months from the date of the decedent’s death; or 18
(2) 2 months after the personal representative mails or otherwise delivers 19
to the creditor a copy of this published notice or other written notice, notifying the creditor 20
that the creditor’s claim will be barred unless the creditor presents the claim within 2 21
months from the mailing or other delivery of the notice. 22
Any claim not filed on or before that date, or any extension provided by law, is 23
unenforceable thereafter. 24
…………………………… 25
Personal representative 26
Date of first publication: 27
……………………………”. 28
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 29
October 1, 2024. 30