Maryland 2024 Regular Session

Maryland Senate Bill SB80 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	WES MOORE, Governor Ch. 318
2	1
3		-	– 1 –
4		-	Chapter 318
5		-	(Senate Bill 80)
6	2
7		-	AN ACT concerning
	3	+	EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING 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	+	sb0080
8	9
9		-	Estates and Trusts – Appointment of Personal Representative – Objections
	10	+	SENATE BILL 80
	11	+	N2 4lr1372
	12	+	(PRE–FILED) CF HB 326
	13	+	By: Senator West
	14	+	Requested: November 1, 2023
	15	+	Introduced and read first time: January 10, 2024
	16	+	Assigned to: Judicial Proceedings
	17	+	Committee Report: Favorable
	18	+	Senate action: Adopted
	19	+	Read second time: February 3, 2024
10	20
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.
	21	+	CHAPTER ______
14	22
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)
	23	+	AN ACT concerning 1
20	24
21		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
22		-	That the Laws of Maryland read as follows:
	25	+	Estates and Trusts – Appointment of Personal Representative – Objections 2
23	26
24		-	Article – Estates and Trusts
	27	+	FOR the purpose of authorizing only an interested person or unpaid claimant, rather than 3
	28	+	any person, to file an objection to the appointment of a personal representative of an 4
	29	+	estate of a decedent; and generally relating to personal representatives. 5
25	30
26		-	7–103.
	31	+	BY repealing and reenacting, with amendments, 6
	32	+	Article – Estates and Trusts 7
	33	+	Section 7–103 8
	34	+	Annotated Code of Maryland 9
	35	+	(2022 Replacement Volume and 2023 Supplement) 10
27	36
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.
	37	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
	38	+	That the Laws of Maryland read as follows: 12
33	39
34		-	(2) The personal representative shall file or have filed with the register a
35		-	certification that a notice has been published.
	40	+	Article – Estates and Trusts 13
36	41
37		-	~~(b) The notice of appointment shall be substantially in the following form:~~
	42	+	7–103. 14
38	43
39		-	“To all persons interested in the estate of .......................:
	44	+	(a) (1) After the appointment of a personal representative, the register shall 15
	45	+	have a notice of the appointment published in a newspaper of general circulation in the 16
	46	+	county of appointment once a week in 3 successive weeks, announcing the appointment and 17
	47	+	address of the personal representative, and notifying creditors of the estate to present their 18
	48	+	claims. 19 2 SENATE BILL 80
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. 318 2024 LAWS OF MARYLAND
49	51
50		-	– 2 –
51		-	ALL INTERESTED PERSONS OR UNPAID CLAIMANTS HAV ING 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 .
	52	+	(2) The personal representative shall file or have filed with the register a 1
	53	+	certification that a notice has been published. 2
55	54
56		-	ALL PERSONS HAVING ANY OBJECTION TO THE PROBATE OF THE WILL OF THE
57		-	DECEDENT SHALL FILE THE SAME WITH THE RE GISTER OF WILLS ON OR BEFORE 6
58		-	MONTHS FROM THE DATE OF THE APPOINTMENT .
	55	+	(b) The notice of appointment shall be substantially in the following form: 3
59	56
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:
	57	+	“To all persons interested in the estate of .......................: 4
63	58
64		-	(1) 6 months from the date of the decedent’s death; or
	59	+	This is to give notice that the undersigned, ……… whose address is ……… was, on 5
	60	+	………, appointed personal representative of the estate of ……… who died on …… (with) 6
	61	+	(without) a will. 7
65	62
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.
	63	+	[All persons having any objection to the appointment (or to the probate of the will of 8
	64	+	the decedent) shall file the same with the register of wills on or before 6 months from the 9
	65	+	date of the appointment.] 10
70	66
71		-	Any claim not filed on or before that date, or any extension provided by law, is
72		-	unenforceable thereafter.
	67	+	ALL INTERESTED PERSON S OR UNPAID CLAIMANTS HAV ING ANY OBJECTION 11
	68	+	TO THE APPOINTMENT O F THE PERSONAL REPRE SENTATIVE SHALL FILE THE SAME 12
	69	+	WITH THE REGISTER OF WILLS ON OR BEFORE 6 MONTHS FROM THE DATE OF THE 13
	70	+	APPOINTMENT . 14
73	71
74		-	……………………………
75		-	Personal representative
76		-	Date of first publication:
77		-	……………………………”.
	72	+	ALL PERSONS HAVING ANY OBJECTION TO THE PROBATE OF THE W ILL OF THE 15
	73	+	DECEDENT SHALL FILE THE SAME WITH THE RE GISTER OF WILLS ON OR BEFORE 6 16
	74	+	MONTHS FROM THE DATE OF THE APPOINTMENT . 17
78	75
79		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
80		-	October 1, 2024.
	76	+	All persons having claims against the decedent must present their claims to the 18
	77	+	undersigned, or file them with the register of wills on or before the earlier of the following 19
	78	+	dates: 20
81	79
82		-	Approved by the Governor, April 25, 2024.
	80	+	(1) 6 months from the date of the decedent’s death; or 21
	81	+
	82	+	(2) 2 months after the personal representative mails or otherwise delivers 22
	83	+	to the creditor a copy of this published notice or other written notice, notifying the creditor 23
	84	+	that the creditor’s claim will be barred unless the creditor presents the claim within 2 24
	85	+	months from the mailing or other delivery of the notice. 25
	86	+
	87	+	Any claim not filed on or before that date, or any extension provided by law, is 26
	88	+	unenforceable thereafter. 27
	89	+
	90	+	…………………………… 28
	91	+	Personal representative 29
	92	+	Date of first publication: 30
	93	+	……………………………”. 31
	94	+
	95	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 32
	96	+	October 1, 2024. 33