EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
Italics indicate opposite chamber/conference committee amendments.
*hb0315*
HOUSE BILL 315
N2, D1 (5lr1552)
ENROLLED BILL
— Judiciary/Judicial Proceedings —
Introduced by Delegate Cardin Delegates Cardin and Conaway
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at __ ______________________ o’clock, ________M.
______________________________________________
Speaker.
CHAPTER ______
AN ACT concerning 1
Task Force to Study Fiduciary Adjudication in Maryland 2
FOR the purpose of establishing the Task Force to Study Fiduciary Adjudication in 3
Maryland to examine and analyze the efficiency, uniformity, and quality of fiduciary 4
adjudication in Maryland and make recommendations; requiring the orphans’ 5
courts, circuit courts, registers of wills, and Administrative Office of the Courts to 6
comply with certain requests of the Task Force; and generally relating to the Task 7
Force to Study Fiduciary Adjudication in Maryland. 8
Preamble 9
WHEREAS, In 2022, the Task Force to Study the Maryland Orphans’ Courts issued 10
a report identifying certain inefficiencies and other problems with the selection of judges 11
for, and adjudication of matters before, the orphans’ courts; and 12
2 HOUSE BILL 315
WHEREAS, More recent developments have further illustrated those problems, 1
including the lack of uniformity in probate adjudication across Maryland’s jurisdictions; 2
and 3
WHEREAS, The adjudication of other fiduciary matters, including those relating to 4
trusts and adult guardianships, involve overlapping issues with probate matters and can 5
be more efficient; and 6
WHEREAS, Maryland created the orphans’ courts in 1777 in order to assist families 7
with the transmission of wealth on a member’s death; and 8
WHEREAS, In the ensuing 248 years, methods for holding and transmitting wealth 9
have changed significantly, and probate and fiduciary legal issues have become 10
substantially more complex; and 11
WHEREAS, The General Assembly recognizes the value that a specialized court 12
brings to families in times of transition; and 13
WHEREAS, The General Assembly also recognizes the need for further changes to 14
fiduciary adjudication in Maryland in order to provide a uniform and efficient system for 15
its citizens; now, therefore, 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MA RYLAND, 17
That: 18
(a) There is a Task Force to Study Fiduciary Adjudication in Maryland. 19
(b) The Task Force consists of the following members: 20
(1) two members of the Senate of Maryland, appointed by the President of 21
the Senate; 22
(2) two members of the House of Delegates, appointed by the Speaker of 23
the House; 24
(3) two members who are judges of an orphans’ court, at least one of whom 25
serves in a jurisdiction where orphans’ court judges are required to be attorneys, appointed 26
by the chair of the Conference of Orphans’ Court Judges; 27
(4) one nonvoting member who is a judge of the circuit court in a 28
jurisdiction where the circuit court sits as the orphans’ court, appointed by the Chief Justice 29
of the Supreme Court of Maryland; 30
(5) two members of the Maryland State Bar Association, designated by the 31
chair of the Estate and Trust Law Section Council, at least one of whom is who between 32
them shall include a fiduciary litigator and a resident of a jurisdiction with a population of 33
less than 250,000; 34 HOUSE BILL 315 3
(6) the chair two registers of wills designated by the president of the 1
Maryland Register of Wills Association; and 2
(7) one member with expertise in budgeting and personnel matters, 3
appointed by the Governor. 4
(c) The Governor shall designate the chair of the Task Force from among the 5
members appointed by the President of the Senate or the Speaker of the House. 6
(d) The Administrative Office of the Courts Department of Legislative Services in 7
conjunction with the Maryland State Bar Association shall provide staff for the Task Force. 8
(e) A member of the Task Force: 9
(1) may not receive compensation as a member of the Task Force; but 10
(2) is entitled to reimbursement for expenses under the Standard State 11
Travel Regulations, as provided in the State budget. 12
(f) The Task Force shall: 13
(1) examine the qualifications, training, and methods of selection of judges 14
hearing probate and other fiduciary matters in Maryland; 15
(2) examine the jurisdictions of the orphans’ courts and circuit courts with 16
respect to fiduciary matters; 17
(3) analyze the efficiency of the procedures for adjudicating fiduciary 18
contested and uncontested matters in the orphans’ courts and circuit courts; 19
(4) analyze the effect of the different qualifications of orphans’ court judges 20
and related litigation procedures on the uniform application of justice in Maryland; 21
(5) analyze and compare the laws and practices of other states relating to 22
the adjudication of fiduciary matters, including the selection, qualification, and training of 23
judges hearing those matters; 24
(6) seek guidance from appropriate witnesses with experience or expertise 25
in the area of fiduciary adjudication; 26
(7) examine any other research, analysis, or guidance related to the best 27
practices for adjudicating fiduciary matters; 28
(8) offer one or more opportunities for members of the public and other 29
interested parties to give their opinions on the subjects considered by the Task Force; and 30
4 HOUSE BILL 315
(9) make recommendations to improve efficiency, uniformity, and quality 1
of fiduciary adjudication in Maryland. 2
(g) The orphans’ courts, circuit courts, registers of wills, and Administrative 3
Office of the Courts shall comply with all reasonable requests by the Task Force for 4
information and data the Task Force considers necessary for its work. 5
(h) On or before January 1, 2026, the Task Force shall report its findings and 6
recommendations to the Governor and, in accordance with § 2 –1257 of the State 7
Government Article, the General Assembly. 8
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 9
1, 2025. It shall remain effective for a period of 1 year and, at the end of June 30, 2026, this 10
Act, with no further action required by the General Assembly, shall be abrogated and of no 11
further force and effect. 12
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.