Maryland 2025 Regular Session

Maryland House Bill HB315 Compare Versions

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Version 2 (New)

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	5		Underlining indicates amendments to bill.
6	6		Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7	7		amendment.
8		-	Italics indicate opposite chamber/conference committee amendments.
9	8		hb0315
10	9
11	10		HOUSE BILL 315
12		-	N2, D1 (5lr1552)
13		-	ENROLLED BILL
14		-	— Judiciary/Judicial Proceedings —
15		-	Introduced by Delegate Cardin Delegates Cardin and Conaway
16		-
17		-	Read and Examined by Proofreaders:
18		-
19		-	_______________________________________________
20		-	Proofreader.
21		-	_______________________________________________
22		-	Proofreader.
23		-
24		-	Sealed with the Great Seal and presented to the Governor, for his approval this
25		-
26		-	_______ day of _______________ at __ ______________________ o’clock, ________M.
27		-
28		-	______________________________________________
29		-	Speaker.
	11	+	N2, D1 5lr1552
	12	+	CF SB 22
	13	+	By: Delegate Cardin Delegates Cardin and Conaway
	14	+	Introduced and read first time: January 10, 2025
	15	+	Assigned to: Judiciary
	16	+	Committee Report: Favorable with amendments
	17	+	House action: Adopted
	18	+	Read second time: February 25, 2025
30	19
31	20		CHAPTER ______
32	21
33	22		AN ACT concerning 1
34	23
35	24		Task Force to Study Fiduciary Adjudication in Maryland 2
36	25
37	26		FOR the purpose of establishing the Task Force to Study Fiduciary Adjudication in 3
38	27		Maryland to examine and analyze the efficiency, uniformity, and quality of fiduciary 4
39	28		adjudication in Maryland and make recommendations; requiring the orphans’ 5
40	29		courts, circuit courts, registers of wills, and Administrative Office of the Courts to 6
41	30		comply with certain requests of the Task Force; and generally relating to the Task 7
42	31		Force to Study Fiduciary Adjudication in Maryland. 8
43	32
44	33		Preamble 9
45	34
46	35		WHEREAS, In 2022, the Task Force to Study the Maryland Orphans’ Courts issued 10
47	36		a report identifying certain inefficiencies and other problems with the selection of judges 11
48	37		for, and adjudication of matters before, the orphans’ courts; and 12
49		-	2 HOUSE BILL 315
50	38
	39	+	WHEREAS, More recent developments have further illustrated those problems, 13
	40	+	including the lack of uniformity in probate adjudication across Maryland’s jurisdictions; 14
	41	+	and 15
51	42
52		-	WHEREAS, ~~More recent developments have further illustrated~~ those ~~problems, 1~~
53		-	~~including the lack of uniformity in~~ probate ~~adjudication across Maryland’s jurisdictions;~~ 2
54		-	and 3
	43	+	WHEREAS, The adjudication of other fiduciary matters, including those relating to 16
	44	+	trusts and adult guardianships, involve overlapping issues with probate matters and can 17
	45	+	be more efficient; and 18
55	46
56		-	WHEREAS, The adjudication of other fiduciary matters, including those relating to 4
57		-	trusts and adult guardianships, involve overlapping issues with probate matters and can 5
58		-	be more efficient; and 6
59		-
60		-	WHEREAS, Maryland created the orphans’ courts in 1777 in order to assist families 7
61		-	with the transmission of wealth on a member’s death; and 8
62		-
63		-	WHEREAS, In the ensuing 248 years, methods for holding and transmitting wealth 9
64		-	have changed significantly, and probate and fiduciary legal issues have become 10
65		-	substantially more complex; and 11
66		-
67		-	WHEREAS, The General Assembly recognizes the value that a specialized court 12
68		-	brings to families in times of transition; and 13
69		-
70		-	WHEREAS, The General Assembly also recognizes the need for further changes to 14
71		-	fiduciary adjudication in Maryland in order to provide a uniform and efficient system for 15
72		-	its citizens; now, therefore, 16
73		-
74		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MA RYLAND, 17
75		-	That: 18
76		-
77		-	(a) There is a Task Force to Study Fiduciary Adjudication in Maryland. 19
78		-
79		-	(b) The Task Force consists of the following members: 20
80		-
81		-	(1) two members of the Senate of Maryland, appointed by the President of 21
82		-	the Senate; 22
83		-
84		-	(2) two members of the House of Delegates, appointed by the Speaker of 23
85		-	the House; 24
86		-
87		-	(3) two members who are judges of an orphans’ court, at least one of whom 25
88		-	serves in a jurisdiction where orphans’ court judges are required to be attorneys, appointed 26
89		-	by the chair of the Conference of Orphans’ Court Judges; 27
90		-
91		-	(4) one nonvoting member who is a judge of the circuit court in a 28
92		-	jurisdiction where the circuit court sits as the orphans’ court, appointed by the Chief Justice 29
93		-	of the Supreme Court of Maryland; 30
94		-
95		-	(5) two members of the Maryland State Bar Association, designated by the 31
96		-	chair of the Estate and Trust Law Section Council, at least one of whom is who between 32
97		-	them shall include a fiduciary litigator and a resident of a jurisdiction with a population of 33
98		-	less than 250,000; 34 HOUSE BILL 315 3
	47	+	WHEREAS, Maryland created the orphans’ courts in 1777 in order to assist families 19
	48	+	with the transmission of wealth on a member’s death; and 20 2 HOUSE BILL 315
99	49
100	50
101	51
102		-	(6) the chair two registers of wills designated by the president of the 1
103		-	Maryland Register of Wills Association; and 2
	52	+	WHEREAS, In the ensuing 248 years, methods for holding and transmitting wealth 1
	53	+	have changed significantly, and probate and fiduciary legal issues have become 2
	54	+	substantially more complex; and 3
104	55
105		-	~~(7) one member with expertise in budgeting and personnel matters~~, 3
106		-	~~appointed by the Governor.~~ 4
	56	+	WHEREAS, The General Assembly recognizes the value that a specialized court 4
	57	+	brings to families in times of transition; and 5
107	58
108		-	(c) The Governor shall designate the chair of the Task Force from among the 5
109		-	members appointed by the President of the Senate or the Speaker of the House. 6
	59	+	WHEREAS, The General Assembly also recognizes the need for further changes to 6
	60	+	fiduciary adjudication in Maryland in order to provide a uniform and efficient system for 7
	61	+	its citizens; now, therefore, 8
110	62
111		-	~~(d)~~ The ~~Administrative Office~~ of ~~the Courts Department of Legislative Services in 7~~
112		-	~~conjunction with the Maryland State Bar Association shall provide staff for the Task Force. 8~~
	63	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MA RYLAND, 9
	64	+	That: 10
113	65
114		-	(e) A ~~member of the~~ Task Force~~: 9~~
	66	+	(a) There is a Task Force to Study Fiduciary Adjudication in Maryland. 11
115	67
116		-	(1) ~~may not receive compensation as a member of~~ the Task Force~~; but 10~~
	68	+	(b) The Task Force consists of the following members: 12
117	69
118		-	(2) ~~is entitled to reimbursement for expenses under~~ the ~~Standard State 11~~
119		-	~~Travel Regulations, as provided in~~ the ~~State budget.~~ 12
	70	+	(1) two members of the Senate of Maryland, appointed by the President of 13
	71	+	the Senate; 14
120	72
121		-	(f) The Task Force shall: 13
	73	+	(2) two members of the House of Delegates, appointed by the Speaker of 15
	74	+	the House; 16
122	75
123		-	(1) examine the qualifications, training, and methods of selection of judges 14
124		-	hearing probate and other fiduciary matters in Maryland; 15
	76	+	(3) two members who are judges of an orphans’ court, at least one of whom 17
	77	+	serves in a jurisdiction where orphans’ court judges are required to be attorneys, appointed 18
	78	+	by the chair of the Conference of Orphans’ Court Judges; 19
125	79
126		-	(2) examine the jurisdictions of the orphans’ courts and circuit courts with 16
127		-	respect to fiduciary matters; 17
	80	+	(4) one member who is a judge of the circuit court in a jurisdiction where 20
	81	+	the circuit court sits as the orphans’ court, appointed by the Chief Justice of the Supreme 21
	82	+	Court of Maryland; 22
128	83
129		-	(3) analyze the efficiency of the procedures for adjudicating fiduciary 18
130		-	contested and uncontested matters in the orphans’ courts and circuit courts; 19
	84	+	(5) two members of the Maryland State Bar Association, designated by the 23
	85	+	chair of the Estate and Trust Law Section Council, at least one of whom is who between 24
	86	+	them shall include a fiduciary litigator and a resident of a jurisdiction with a population of 25
	87	+	less than 250,000; 26
131	88
132		-	(4) ~~analyze~~ the ~~effect~~ of the ~~different qualifications of orphans’ court judges 20~~
133		-	~~and related litigation procedures on the uniform application~~ of ~~justice in Maryland~~; 21
	89	+	(6) the chair two registers of wills designated by the president of the 27
	90	+	Maryland Register of Wills Association; and 28
134	91
135		-	(5) analyze and compare the laws and practices of other states relating to 22
136		-	the adjudication of fiduciary matters, including the selection, qualification, and training of 23
137		-	judges hearing those matters; 24
	92	+	(7) one member with expertise in budgeting and personnel matters, 29
	93	+	appointed by the Governor. 30
138	94
139		-	(6) seek guidance from appropriate witnesses with experience or expertise 25
140		-	in the area of fiduciary adjudication; 26
	95	+	(c) The Governor shall designate the chair of the Task Force from among the 31
	96	+	members appointed by the President of the Senate or the Speaker of the House. 32
	97	+	HOUSE BILL 315 3
141	98
142		-	(7) examine any other research, analysis, or guidance related to the best 27
143		-	practices for adjudicating fiduciary matters; 28
144	99
145		-	(8) offer one or more opportunities for members of the public and other 29
146		-	interested parties to give their opinions on the subjects considered by the Task Force; and 30
	100	+	(d) The Administrative Office of the Courts shall provide staff for the Task Force. 1
	101	+
	102	+	(e) A member of the Task Force: 2
	103	+
	104	+	(1) may not receive compensation as a member of the Task Force; but 3
	105	+
	106	+	(2) is entitled to reimbursement for expenses under the Standard State 4
	107	+	Travel Regulations, as provided in the State budget. 5
	108	+
	109	+	(f) The Task Force shall: 6
	110	+
	111	+	(1) examine the qualifications, training, and methods of selection of judges 7
	112	+	hearing probate and other fiduciary matters in Maryland; 8
	113	+
	114	+	(2) examine the jurisdictions of the orphans’ courts and circuit courts with 9
	115	+	respect to fiduciary matters; 10
	116	+
	117	+	(3) analyze the efficiency of the procedures for adjudicating fiduciary 11
	118	+	matters in the orphans’ courts and circuit courts; 12
	119	+
	120	+	(4) analyze the effect of the different qualifications of orphans’ court judges 13
	121	+	and related litigation procedures on the uniform application of justice in Maryland; 14
	122	+
	123	+	(5) analyze and compare the laws and practices of other states relating to 15
	124	+	the adjudication of fiduciary matters, including the selection, qualification, and training of 16
	125	+	judges hearing those matters; 17
	126	+
	127	+	(6) seek guidance from appropriate witnesses with experience or expertise 18
	128	+	in the area of fiduciary adjudication; 19
	129	+
	130	+	(7) examine any other research, analysis, or guidance related to the best 20
	131	+	practices for adjudicating fiduciary matters; 21
	132	+
	133	+	(8) offer one or more opportunities for members of the public and other 22
	134	+	interested parties to give their opinions on the subjects considered by the Task Force; and 23
	135	+
	136	+	(9) make recommendations to improve efficiency, uniformity, and quality 24
	137	+	of fiduciary adjudication in Maryland. 25
	138	+
	139	+	(g) The orphans’ courts, circuit courts, registers of wills, and Administrative 26
	140	+	Office of the Courts shall comply with all reasonable requests by the Task Force for 27
	141	+	information and data the Task Force considers necessary for its work. 28
	142	+
	143	+	(h) On or before January 1, 2026, the Task Force shall report its findings and 29
	144	+	recommendations to the Governor and, in accordance with § 2–1257 of the State 30
	145	+	Government Article, the General Assembly. 31
147	146		4 HOUSE BILL 315
148	147
149	148
150		-	(9) make recommendations to improve efficiency, uniformity, and quality 1
151		-	of fiduciary adjudication in Maryland. 2
	149	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1
	150	+	1, 2025. It shall remain effective for a period of 1 year and, at the end of June 30, 2026, this 2
	151	+	Act, with no further action required by the General Assembly, shall be abrogated and of no 3
	152	+	further force and effect. 4
152	153
153		-	(g) The orphans’ courts, circuit courts, registers of wills, and Administrative 3
154		-	Office of the Courts shall comply with all reasonable requests by the Task Force for 4
155		-	information and data the Task Force considers necessary for its work. 5
156		-
157		-	(h) On or before January 1, 2026, the Task Force shall report its findings and 6
158		-	recommendations to the Governor and, in accordance with § 2 –1257 of the State 7
159		-	Government Article, the General Assembly. 8
160		-
161		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 9
162		-	1, 2025. It shall remain effective for a period of 1 year and, at the end of June 30, 2026, this 10
163		-	Act, with no further action required by the General Assembly, shall be abrogated and of no 11
164		-	further force and effect. 12
165	154
166	155
167	156
168	157
169	158		Approved:
170	159		________________________________________________________________________________
171	160		Governor.
172	161		________________________________________________________________________________
173	162		Speaker of the House of Delegates.
174	163		________________________________________________________________________________
175	164		President of the Senate.