EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0623*
HOUSE BILL 623
N2 5lr2476
HB 1258/24 – JUD
By: Delegate Embry
Introduced and read first time: January 23, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Estates and Trusts – Estate Administration – Publication of Notice 2
FOR the purpose of requiring the registers of wills for each county and Baltimore City to 3
coordinate to establish a certain website; altering certain requirements for 4
publication of notice relating to the appointment of a personal representative, a 5
request for judicial probate, and estates administered by a foreign personal 6
representative; repealing the requirement that a foreign personal representative 7
record a certain certification with the register; and generally relating to estate 8
administration and requirements for publication of notice. 9
BY adding to 10
Article – Estates and Trusts 11
Section 2–208(l) 12
Annotated Code of Maryland 13
(2022 Replacement Volume and 2024 Supplement) 14
BY repealing and reenacting, with amendments, 15
Article – Estates and Trusts 16
Section 2–210, 5–403, 5–503, 7–103, 7–104, and 9–112 17
Annotated Code of Maryland 18
(2022 Replacement Volume and 2024 Supplement) 19
SECTION 1. BE IT ENACTED BY THE GENER AL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
Article – Estates and Trusts 22
2–208. 23
2 HOUSE BILL 623
(L) THE REGISTER OF EACH COUNTY AND BALTIMORE CITY SHALL 1
COORDINATE TO ESTABL ISH AND MAINTAIN A C ENTRALIZED WEBSITE F OR USE BY 2
ALL REGISTERS TO PUB LISH NOTICE AS REQUIR ED UNDER THIS ARTICL E. 3
2–210. 4
Within five days after [receiving the text of the first published newspaper notice] 5
THE INITIAL WEBSITE PUBLICATION OF NOTIC E as provided in § 7–103 of this article 6
[and the written notice from the personal representative of the names and addresses of the 7
heirs and legatees as provided in § 7–104 of this article], the register shall forward to each 8
[such person] HEIR AND LEGATEE a copy of the [newspaper] WEBSITE notice published 9
according to § 7–104 of this article, in the manner prescribed in § 1–103(a) of this article, 10
directed according to the information received from the personal representative. 11
5–403. 12
(a) (1) Notice that judicial probate has been requested shall be given promptly 13
by the register to all interested persons as shown in the documents in the register’s file. 14
(2) The petitioner shall advise the register of the names and addresses of 15
all interested persons of whom the petitioner learns before the granting of judicial probate, 16
and the register shall give notice to the persons in the manner prescribed by § 1–103(a)(1) 17
of this article. 18
(3) In addition, the register shall publish a notice [in a newspaper of 19
general circulation in the county where judicial probate is requested, once a week] ON THE 20
CENTRALIZED WEBSITE ESTABLISHED UNDER § 2–208 OF THIS ARTICLE for 2 21
[successive] weeks. 22
(b) The notice required by this section shall be in the following form: 23
IN THE ORPHANS ’ COURT FOR …………………………………………………… 24
In re: 25
ESTATE OF 26
………………… ……………………………… 27
Deceased 28
TO ALL PERSONS INTERESTED IN THE ESTATE OF ……………………………… 29
…………………………………………………………………………………………………… : 30
YOU ARE HEREBY NOTIFIED THAT A Petition has been filed in the court by 31
……………… for judicial probate, including the appointment of a personal 32
representative for the estate; and that the Petition will be heard at ……… on the …… 33
day of ………, 20…, or at a subsequent time or other place to which the hearing may be 34
adjourned or transferred. 35
……………………………………………… 36
Register of Wills 37
HOUSE BILL 623 3
5–503. 1
(a) As used in this subtitle, “leasehold property” refers only to a leasehold interest 2
in real property. 3
(b) [A foreign personal representative shall:] 4
(1) [Publish once a week for 3 successive weeks a notice in a newspaper of 5
general circulation in each county in which real or leasehold property of the decedent was 6
located, containing] THE REGISTER SHALL , FOR 3 WEEKS, PUBLISH ON THE 7
CENTRALIZED WEBSITE ESTABLISHED UNDER § 2–208 OF THIS ARTICLE NOTI CE 8
CONTAINING THE FOLLO WING INFORMATION REG ARDING A FOREIGN PER SONAL 9
REPRESENTATIVE AND T HE ESTATE REPRESENTE D: 10
(i) The foreign personal representative’s appointment; 11
(ii) The foreign personal representative’s name and address; 12
(iii) The name and address of the foreign personal representative’s 13
Maryland agent for service of process on file with the register in each county where real or 14
leasehold property was located; 15
(iv) The name of the court that appointed the foreign personal 16
representative; 17
(v) A brief description of all real and leasehold property owned by 18
the decedent in the county; 19
(vi) The date of the decedent’s death; and 20
(vii) The following statement: All persons having claims against the 21
decedent must present their claims to the undersigned, or file them with the register of 22
wills on or before the earlier of the following dates: 23
1. 6 months from the date of the decedent’s death; or 24
2. 2 months after the foreign personal representative mails 25
or otherwise delivers to the creditor a copy of this published notice or other written notice, 26
notifying the creditor that the creditor’s claim will be barred unless the creditor presents 27
the claim within 2 months from the mailing or other delivery of the notice[;]. 28
(2) [Record in each appropriate office of the register a certification that the 29
foreign personal representative has published notice as required; and 30
4 HOUSE BILL 623
(3)] Promptly after a proceeding under this subtitle has been instituted, A 1
FOREIGN PERSONAL REP RESENTATIVE SHAL L comply with the provisions of § 7–103.1 2
of this article. 3
(c) (1) Within the time periods provided under subsection (b) of this section, a 4
creditor may file with the register a written statement of the creditor’s claim, in the form 5
set forth in § 8–104(c) of this article, and if a foreign personal representative has instituted 6
a proceeding under this subtitle deliver or mail a copy of the statement to the personal 7
representative. 8
(2) (i) The register shall maintain a book known as the “Claims Against 9
Nonresident Decedents” book in which every claim and release shall be recorded. 10
(ii) Unless and until a release of a validly recorded claim has been 11
recorded, or the claim has finally been determined in favor of the personal representative, 12
the claim shall constitute a lien against the real and leasehold property owned by the 13
decedent in the county at the time of death for a period of 12 years from date of death. 14
(iii) If the personal representative is empowered by the will to sell the 15
property the claim shall constitute a lien against the net proceeds from the sale. 16
7–103. 17
(a) [(1)] After the appointment of a personal representative, the register shall 18
[have a notice of the appointment published in a newspaper of general circulation in the 19
county of appointment once a week in 3 successive weeks], FOR 3 WEEKS, PUBLISH 20
NOTICE ON THE CENTRA LIZED WEBSITE ESTABL ISHED UNDER § 2–208 OF THIS 21
ARTICLE, announcing the appointment and address of the personal representative, and 22
notifying creditors of the estate to present their claims. 23
[(2) The personal representative shall file or have filed with the register a 24
certification that a notice has been published.] 25
(b) The notice of appointment shall be substantially in the following form: 26
“To all persons interested in the estate of .......................: 27
This is to give notice that the undersigned, ……… whose address is ……… was, on 28
………, appointed personal representative of the estate of ……… who died on …… (with) 29
(without) a will. 30
All interested persons or unpaid claimants having any objection to the appointment 31
of the personal representative shall file the same with the register of wills on or before 6 32
months from the date of the appointment. 33
All persons having any objection to the probate of the will of the decedent shall file 34
the same with the register of wills on or before 6 months from the date of the appointment. 35 HOUSE BILL 623 5
All persons having claims against the decedent must present their claims to the 1
undersigned, or file them with the register of wills on or before the earlier of the following 2
dates: 3
(1) 6 months from the date of the decedent’s death; or 4
(2) 2 months after the personal representative mails or otherwise delivers 5
to the creditor a copy of this published notice or other written notice, notifying the creditor 6
that the creditor’s claim will be barred unless the creditor presents the claim within 2 7
months from the mailing or other delivery of the notice. 8
Any claim not filed on or before that date, or any extension provided by law, is 9
unenforceable thereafter. 10
…………………………… 11
Personal representative 12
Date of first publication: 13
……………………………”. 14
7–104. 15
(a) Not later than 20 days after the appointment of a personal representative, the 16
personal representative shall deliver to the register the text of the first published 17
[newspaper] WEBSITE notice of the appointment and shall advise the register of the names 18
and addresses of the heirs of the decedent and of the legatees to the extent known by the 19
personal representative, so that the register may issue the notices provided in § 2–210 of 20
this article. 21
(b) The provisions of this section do not apply to a successo r personal 22
representative if notice under this section has been given previously, or to a person 23
appointed pursuant to judicial probate. 24
9–112. 25
(a) (1) If the personal representative cannot obtain agreement from all 26
interested persons entitled to share in the distribution of the property, the personal 27
representative may apply to the court to make distribution. 28
(2) The court shall designate a day and direct the giving of notice to all 29
interested persons concerned. 30
(3) The court may appoint two disinterested individuals, not related to the 31
interested persons to make an appropriate division for distribution, or recommend to the 32
court a sale of part or all of the property, and the court shall direct the distribution it 33
considers appropriate. 34
(b) If a majority in relation to value fails to appear on the appointed day, or appear 35
and object to the distribution suggested, or if the court considers a sale of part or all of the 36
property more appropriate and advantageous, the personal representative shall make the 37
sale or sales and divide the proceeds, together with unsold property, as the court directs. 38
6 HOUSE BILL 623
(c) If the personal representative has reason to believe that there may be one or 1
more interested persons whose names or addresses are not known to the pers onal 2
representative, or if it is not known to the personal representative if an interested person 3
is still surviving, the personal representative may appoint a meeting of all interested 4
persons to be held on a day the court designates. 5
(d) (1) The personal representative shall give notice to all interested persons 6
known to the personal representative, and THE REGISTER shall, FOR 3 WEEKS, publish a 7
notice of the meeting [once a week in 3 successive weeks, in a newspaper of general 8
circulation in the county of the personal representative’s appointment,] ON THE 9
CENTRALIZED WEBSITE ESTABLISHED UNDER § 2–208 OF THIS ARTICLE stating the 10
time, date, place, and purpose of the meeting which shall be held no sooner than 20 days 11
after the first publication. 12
(2) The personal representative shall also take other steps and make other 13
efforts to learn the names and addresses of additional interested persons as the court 14
considers appropriate under the circumstances. 15
(e) (1) On the date of the meeting, distribution of the net estate shall be made 16
under the direction and control of the court. 17
(2) Distribution by the personal representative in accordance with the 18
direction of the court at the meeting protects and indemnifies the personal representative 19
acting in obedience to it. 20
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
October 1, 2025. 22