| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | 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 | 5 | *hb1420* | |
| 9 | 6 | ||
| 10 | 7 | HOUSE BILL 1420 | |
| 11 | 8 | N2 5lr1328 | |
| 12 | 9 | ||
| 13 | 10 | By: Delegates Woorman, Taveras, Acevero, Hill, S. Johnson, Kaiser, Kaufman, | |
| 14 | 11 | R. Lewis, Pasteur, Ruth, Schindler, Spiegel, Terrasa, White Holland, and | |
| 15 | - | Wims | |
| 12 | + | Wims | |
| 16 | 13 | Introduced and read first time: February 7, 2025 | |
| 17 | 14 | Assigned to: Judiciary | |
| 18 | - | Committee Report: Favorable with amendments | |
| 19 | - | House action: Adopted | |
| 20 | - | Read second time: March 5, 2025 | |
| 21 | 15 | ||
| 22 | - | ||
| 16 | + | A BILL ENTITLED | |
| 23 | 17 | ||
| 24 | 18 | AN ACT concerning 1 | |
| 25 | 19 | ||
| 26 | 20 | Registers of Wills – Identity Verification Without Government–Issued 2 | |
| 27 | - | Identification | |
| 21 | + | Identification 3 | |
| 28 | 22 | ||
| 29 | 23 | FOR the purpose of requiring the register of wills for each county and Baltimore City, in 4 | |
| 30 | 24 | consultation with the Maryland Registers of Wills Association, to offer a method by 5 | |
| 31 | 25 | which an individual without government–issued identification may prove the 6 | |
| 32 | 26 | individual’s identity as an heir or a beneficiary of a will; and generally relating to 7 | |
| 33 | - | identity verification with a register of wills repealing the prohibition on a register of 8 | |
| 34 | - | wills or court granting letters in administrative or judicial probate to certain 9 | |
| 35 | - | individuals who are not citizens of the United States; and generally relating to 10 | |
| 36 | - | noncitizens and the appointment of personal representatives. 11 | |
| 27 | + | identity verification with a register of wills. 8 | |
| 37 | 28 | ||
| 38 | - | BY adding to | |
| 39 | - | Article – Estates and Trusts | |
| 40 | - | Section 2–216 | |
| 41 | - | Annotated Code of Maryland | |
| 42 | - | (2022 Replacement Volume and 2024 Supplement) | |
| 29 | + | BY adding to 9 | |
| 30 | + | Article – Estates and Trusts 10 | |
| 31 | + | Section 2–216 11 | |
| 32 | + | Annotated Code of Maryland 12 | |
| 33 | + | (2022 Replacement Volume and 2024 Supplement) 13 | |
| 43 | 34 | ||
| 44 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, | |
| 45 | - | That the Laws of Maryland read as follows: | |
| 35 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14 | |
| 36 | + | That the Laws of Maryland read as follows: 15 | |
| 46 | 37 | ||
| 47 | - | Article – Estates and Trusts 19 | |
| 48 | - | 2 HOUSE BILL 1420 | |
| 38 | + | Article – Estates and Trusts 16 | |
| 39 | + | ||
| 40 | + | 2–216. 17 | |
| 41 | + | ||
| 42 | + | EACH REGISTER, IN CONSULTATION WITH THE MARYLAND REGISTERS OF 18 | |
| 43 | + | WILLS ASSOCIATION, SHALL OFFER A METHOD BY WHICH AN INDIVIDUAL WITHOUT 19 | |
| 44 | + | GOVERNMENT –ISSUED IDENTIFICATIO N MAY PROVE THE INDIVI DUAL’S IDENTITY AS 20 | |
| 45 | + | AN HEIR OR A BENEFIC IARY OF A WILL. 21 | |
| 46 | + | ||
| 47 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22 2 HOUSE BILL 1420 | |
| 49 | 48 | ||
| 50 | 49 | ||
| 51 | - | 2–216. 1 | |
| 52 | - | ||
| 53 | - | EACH REGISTER , IN CONSULTATION WITH TH E MARYLAND REGISTERS OF 2 | |
| 54 | - | WILLS ASSOCIATION, SHALL OFFER A METHOD BY WHICH AN INDIVIDU AL WITHOUT 3 | |
| 55 | - | GOVERNMENT –ISSUED IDENTIFICATIO N MAY PROVE THE INDI VIDUAL’S IDENTITY AS 4 | |
| 56 | - | AN HEIR OR A BENEFIC IARY OF A WILL. 5 | |
| 57 | - | ||
| 58 | - | 5–105. 6 | |
| 59 | - | ||
| 60 | - | (a) (1) In this section, “serious crime” means a crime that reflects adversely on 7 | |
| 61 | - | an individual’s honesty, trustworthiness, or fitness to perform the duties of a personal 8 | |
| 62 | - | representative. 9 | |
| 63 | - | ||
| 64 | - | (2) “Serious crime” includes fraud, extortion, embezzlement, forgery, 10 | |
| 65 | - | perjury, and theft. 11 | |
| 66 | - | ||
| 67 | - | (b) Subject to § 5–104 of this subtitle, the register or court may grant letters to: 12 | |
| 68 | - | ||
| 69 | - | (1) A trust company; 13 | |
| 70 | - | ||
| 71 | - | (2) Any other corporation authorized by law to be a personal 14 | |
| 72 | - | representative; or 15 | |
| 73 | - | ||
| 74 | - | (3) Subject to subsection (c) of this section, any individual. 16 | |
| 75 | - | ||
| 76 | - | (c) Letters may not be granted to a person who, at the time a determination of 17 | |
| 77 | - | priority is made, has filed with the register a declaration in writing that the person 18 | |
| 78 | - | renounces the right to administer or is: 19 | |
| 79 | - | ||
| 80 | - | (1) Under the age of 18 years; 20 | |
| 81 | - | ||
| 82 | - | (2) Mentally incompetent; 21 | |
| 83 | - | ||
| 84 | - | (3) Convicted of a serious crime, unless the person shows good cause for the 22 | |
| 85 | - | granting of letters; 23 | |
| 86 | - | ||
| 87 | - | [(4) Not a citizen of the United States unless the person is a permanent 24 | |
| 88 | - | resident of the United States and is: 25 | |
| 89 | - | ||
| 90 | - | (i) The spouse of the decedent; 26 | |
| 91 | - | ||
| 92 | - | (ii) An ancestor of the decedent; 27 | |
| 93 | - | ||
| 94 | - | (iii) A descendant of the decedent; or 28 | |
| 95 | - | ||
| 96 | - | (iv) A sibling of the decedent;] 29 HOUSE BILL 1420 3 | |
| 97 | - | ||
| 98 | - | ||
| 99 | - | ||
| 100 | - | [(5)] (4) A full–time judge of a court established under the laws of 1 | |
| 101 | - | Maryland or the United States including a judge of an orphans’ or probate court, or a clerk 2 | |
| 102 | - | of court, or a register, unless the person is the surviving spouse or is related to the decedent 3 | |
| 103 | - | within the third degree; or 4 | |
| 104 | - | ||
| 105 | - | [(6)] (5) A nonresident of the State, unless there shall be on file with the 5 | |
| 106 | - | register an irrevocable designation by the nonresident of an appropriate person who resides 6 | |
| 107 | - | in the State on whom service of process may be made in the same manner and with the 7 | |
| 108 | - | effect as if it were served personally in the State on the nonresident. 8 | |
| 109 | - | ||
| 110 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 9 | |
| 111 | - | October 1, 2025. 10 | |
| 112 | - | ||
| 113 | - | ||
| 114 | - | ||
| 115 | - | ||
| 116 | - | Approved: | |
| 117 | - | ________________________________________________________________________________ | |
| 118 | - | Governor. | |
| 119 | - | ________________________________________________________________________________ | |
| 120 | - | Speaker of the House of Delegates. | |
| 121 | - | ________________________________________________________________________________ | |
| 122 | - | President of the Senate. | |
| 50 | + | October 1, 2025. 1 |