Maryland 2025 Regular Session

Maryland House Bill HB623 Compare Versions

Version 1 (Old)

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		-	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		hb0623
9	6
10	7		HOUSE BILL 623
11	8		N2 5lr2476
12	9		HB 1258/24 – JUD
13		-	By: Delegate Embry Delegates Embry, Arikan, Conaway, Kaufman, Phillips,
14		-	Simmons, and Stinnett
	10	+	By: Delegate Embry
15	11		Introduced and read first time: January 23, 2025
16	12		Assigned to: Judiciary
17		-	Committee Report: Favorable with amendments
18		-	House action: Adopted
19		-	Read second time: March 1, 2025
20	13
21		-	~~CHAPTER ______~~
	14	+	A BILL ENTITLED
22	15
23	16		AN ACT concerning 1
24	17
25	18		Estates and Trusts – Estate Administration – Publication of Notice 2
26	19
27	20		FOR the purpose of requiring the registers of wills for each county and Baltimore City to 3
28	21		coordinate to establish a certain website; altering certain requirements for 4
29	22		publication of notice relating to the appointment of a personal representative, a 5
30	23		request for judicial probate, and estates administered by a foreign personal 6
31	24		representative; repealing the requirement that a foreign personal representative 7
32	25		record a certain certification with the register; and generally relating to estate 8
33	26		administration and requirements for publication of notice. 9
34	27
35	28		BY adding to 10
36	29		Article – Estates and Trusts 11
37	30		Section 2–208(l) 12
38	31		Annotated Code of Maryland 13
39	32		(2022 Replacement Volume and 2024 Supplement) 14
40	33
41	34		BY repealing and reenacting, with amendments, 15
42	35		Article – Estates and Trusts 16
43	36		Section 2–210, 5–403, 5–503, 7–103, 7–104, and 9–112 17
44	37		Annotated Code of Maryland 18
45	38		(2022 Replacement Volume and 2024 Supplement) 19
46	39
47	40		SECTION 1. BE IT ENACTED BY THE GENER AL ASSEMBLY OF MARYLAND, 20
48		-	That the Laws of Maryland read as follows: 21 2 HOUSE BILL 623
	41	+	That the Laws of Maryland read as follows: 21
	42	+
	43	+	Article – Estates and Trusts 22
	44	+
	45	+	2–208. 23
	46	+	2 HOUSE BILL 623
49	47
50	48
	49	+	(L) THE REGISTER OF EACH COUNTY AND BALTIMORE CITY SHALL 1
	50	+	COORDINATE TO ESTABL ISH AND MAINTAIN A C ENTRALIZED WEBSITE F OR USE BY 2
	51	+	ALL REGISTERS TO PUB LISH NOTICE AS REQUIR ED UNDER THIS ARTICL E. 3
51	52
52		-	~~Article – Estates and Trusts 1~~
	53	+	2–210. 4
53	54
54		-	2–208. 2
	55	+	Within five days after [receiving the text of the first published newspaper notice] 5
	56	+	THE INITIAL WEBSITE PUBLICATION OF NOTIC E as provided in § 7–103 of this article 6
	57	+	[and the written notice from the personal representative of the names and addresses of the 7
	58	+	heirs and legatees as provided in § 7–104 of this article], the register shall forward to each 8
	59	+	[such person] HEIR AND LEGATEE a copy of the [newspaper] WEBSITE notice published 9
	60	+	according to § 7–104 of this article, in the manner prescribed in § 1–103(a) of this article, 10
	61	+	directed according to the information received from the personal representative. 11
55	62
56		-	(L) (1) THE REGISTER OF EACH COUNTY AND BALTIMORE CITY SHALL 3
57		-	COORDINATE TO ESTABL ISH AND MAINTAIN A C ENTRALIZED WEBSITE F OR USE BY 4
58		-	ALL REGISTERS TO PUB LISH NOTICE AS REQUI RED UNDER THIS ARTIC LE. 5
	63	+	5–403. 12
59	64
60		-	(2) NOTICE PUBLISHED ON T HE WEBSITE UNDER THIS SU BSECTION 6
61		-	SHALL SATISFY ANY NO TICE REQUIRED UNDER THIS ARTICLE TO BE P UBLISHED IN 7
62		-	A NEWSPAPER OF GENER AL CIRCULATION IF A DECEDENT’S HEIRS ARE LIMITED TO: 8
	65	+	(a) (1) Notice that judicial probate has been requested shall be given promptly 13
	66	+	by the register to all interested persons as shown in the documents in the register’s file. 14
63	67
64		-	(I) A SPOUSE; 9
	68	+	(2) The petitioner shall advise the register of the names and addresses of 15
	69	+	all interested persons of whom the petitioner learns before the granting of judicial probate, 16
	70	+	and the register shall give notice to the persons in the manner prescribed by § 1–103(a)(1) 17
	71	+	of this article. 18
65	72
66		-	(II) A REGISTERED DOMESTIC PARTNER; 10
	73	+	(3) In addition, the register shall publish a notice [in a newspaper of 19
	74	+	general circulation in the county where judicial probate is requested, once a week] ON THE 20
	75	+	CENTRALIZED WEBSITE ESTABLISHED UNDER § 2–208 OF THIS ARTICLE for 2 21
	76	+	[successive] weeks. 22
67	77
68		-	(~~III~~) ~~LINEAL ANCESTO RS;~~ ~~AND 11~~
	78	+	(b) The notice required by this section shall be in the following form: 23
69	79
70		-	(IV) LINEAL DESCENDANTS . 12
71		-
72		-	2–210. 13
73		-
74		-	(A) Within five days after [receiving the text of the first published newspaper 14
75		-	notice] OR THE INITIAL WEBSITE PUBLICATION OF NOTIC E as provided in § 7–103 of 15
76		-	this article [and the written notice from the personal representative of the names and 16
77		-	addresses of the heirs and legatees as provided in § 7–104 of this article], the register shall 17
78		-	forward to each [such person] HEIR AND LEGATEE a copy of the [newspaper] OR WEBSITE 18
79		-	notice published according to § 7–104 of this article, in the manner prescribed in § 1–103(a) 19
80		-	of this article, directed according to the information received from the personal 20
81		-	representative. 21
82		-
83		-	(B) (1) ON OR BEFORE DECEMBER 1, 2025, AND EACH DECEMBER 1 22
84		-	THEREAFTER , THE REGISTER OF EACH COUNTY AND BALTIMORE CITY SHALL, FOR 23
85		-	THE 12–MONTH PERIOD ENDING ON THE PREVIOUS OCTOBER 31, REPORT TO THE 24
86		-	MARYLAND REGISTER OF WILLS ASSOCIATION ON THE NU MBER OF ESTATES FO R 25
87		-	WHICH AN INTERESTED PARTY OBJECTED TO TH E APPOINTMENT OF A P ERSONAL 26
88		-	REPRESENTATIVE , FILED A CLAIM AGAINS T THE ESTATE, OR CHALLENGED A WILL 27
89		-	BECAUSE THE INTEREST ED PARTY: 28
90		-
91		-	(I) DID NOT RECEIVE A NOT ICE FROM THE REGISTE R THROUGH 29
92		-	THE MAIL; OR 30
93		-
94		-	(II) LEARNED ABOUT THE OPE NING OF THE ESTATE B Y 31
95		-	READING A NOTICE IN A NEWSPAPER . 32 HOUSE BILL 623 3
	80	+	IN THE ORPHANS ’ COURT FOR …………………………………………………… 24
	81	+	In re: 25
	82	+	ESTATE OF 26
	83	+	………………… ……………………………… 27
	84	+	Deceased 28
	85	+	TO ALL PERSONS INTERESTED IN THE ESTATE OF ……………………………… 29
	86	+	…………………………………………………………………………………………………… : 30
	87	+	YOU ARE HEREBY NOTIFIED THAT A Petition has been filed in the court by 31
	88	+	……………… for judicial probate, including the appointment of a personal 32
	89	+	representative for the estate; and that the Petition will be heard at ……… on the …… 33
	90	+	day of ………, 20…, or at a subsequent time or other place to which the hearing may be 34
	91	+	adjourned or transferred. 35
	92	+	……………………………………………… 36
	93	+	Register of Wills 37
	94	+	HOUSE BILL 623 3
96	95
97	96
	97	+	5–503. 1
98	98
99		-	(2) ON OR BEFORE DECEMBER 31, 2025, AND EACH DECEMBER 31 1
100		-	THEREAFTER , THE MARYLAND REGISTER OF WILLS ASSOCIATION SHALL REP ORT 2
101		-	TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE 3
102		-	GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY ON THE INFOR MATION 4
103		-	REPORTED BY THE REGI STERS UNDER PARAGRAP H (1) OF THIS SUBSECTION , 5
104		-	DISAGGREGATED BY TYP E AND JURISDICTION . 6
	99	+	(a) As used in this subtitle, “leasehold property” refers only to a leasehold interest 2
	100	+	in real property. 3
105	101
106		-	~~5–403. 7~~
	102	+	(b) [A foreign personal representative shall:] 4
107	103
108		-	(a) (1) Notice that judicial probate has been requested shall be given promptly 8
109		-	by the register to all interested persons as shown in the documents in the register’s file. 9
	104	+	(1) [Publish once a week for 3 successive weeks a notice in a newspaper of 5
	105	+	general circulation in each county in which real or leasehold property of the decedent was 6
	106	+	located, containing] THE REGISTER SHALL , FOR 3 WEEKS, PUBLISH ON THE 7
	107	+	CENTRALIZED WEBSITE ESTABLISHED UNDER § 2–208 OF THIS ARTICLE NOTI CE 8
	108	+	CONTAINING THE FOLLO WING INFORMATION REG ARDING A FOREIGN PER SONAL 9
	109	+	REPRESENTATIVE AND T HE ESTATE REPRESENTE D: 10
110	110
111		-	(2) The petitioner shall advise the register of the names and addresses of 10
112		-	all interested persons of whom the petitioner learns before the granting of judicial probate, 11
113		-	and the register shall give notice to the persons in the manner prescribed by § 1–103(a)(1) 12
114		-	of this article. 13
	111	+	(i) The foreign personal representative’s appointment; 11
115	112
116		-	(3) In addition, the register shall publish a notice [in a newspaper of 14
117		-	general circulation in the county where judicial probate is requested, once a week] OR ON 15
118		-	THE CENTRALIZED WEBS ITE ESTABLISHED UNDE R § 2–208 OF THIS ARTICLE for 2 16
119		-	[successive] weeks. 17
	113	+	(ii) The foreign personal representative’s name and address; 12
120	114
121		-	(b) The notice required by this section shall be in the following form: 18
	115	+	(iii) The name and address of the foreign personal representative’s 13
	116	+	Maryland agent for service of process on file with the register in each county where real or 14
	117	+	leasehold property was located; 15
122	118
123		-	IN THE ORPHANS’ COURT FOR ............................................................................... 19
124		-	In re: 20
125		-	ESTATE OF 21
126		-	...................................................................................................................................................... 22
127		-	Deceased 23
128		-	TO ALL PERSONS INTERESTED IN THE ESTATE OF ..................................................... 24
129		-	.................................................................................................................................................. : 25
130		-	YOU ARE HEREBY NOTIFIED THAT A Petition has bee n filed in the court by 26
131		-	……………… for judicial probate, including the appointment of a personal representative 27
132		-	for the estate; and that the Petition will be heard at ……………. on the ……………………… 28
133		-	day of ……., 20…., or at a subsequent time or other place to which the hearing may be 29
134		-	adjourned or transferred. 30
135		-	…………………………………… 31
136		-	Register of Wills 32
	119	+	(iv) The name of the court that appointed the foreign personal 16
	120	+	representative; 17
137	121
138		-	5–503. 33
	122	+	(v) A brief description of all real and leasehold property owned by 18
	123	+	the decedent in the county; 19
139	124
140		-	(a) As used in this subtitle, “leasehold property” refers only to a leasehold interest 34
141		-	in real property. 35
	125	+	(vi) The date of the decedent’s death; and 20
142	126
143		-	(b) (1) [A foreign personal representative shall:] 36 4 HOUSE BILL 623
	127	+	(vii) The following statement: All persons having claims against the 21
	128	+	decedent must present their claims to the undersigned, or file them with the register of 22
	129	+	wills on or before the earlier of the following dates: 23
	130	+
	131	+	1. 6 months from the date of the decedent’s death; or 24
	132	+
	133	+	2. 2 months after the foreign personal representative mails 25
	134	+	or otherwise delivers to the creditor a copy of this published notice or other written notice, 26
	135	+	notifying the creditor that the creditor’s claim will be barred unless the creditor presents 27
	136	+	the claim within 2 months from the mailing or other delivery of the notice[;]. 28
	137	+
	138	+	(2) [Record in each appropriate office of the register a certification that the 29
	139	+	foreign personal representative has published notice as required; and 30
	140	+	4 HOUSE BILL 623
144	141
145	142
146		-
147		-	(1) [Publish once PUBLISH A NOTICE : 1
148		-
149		-	(I) ONCE a week for 3 successive weeks a notice in a newspaper of 2
150		-	general circulation in each county in which real or leasehold property of the decedent was 3
151		-	located,; OR 4
152		-
153		-	(II) FOR 3 SUCCESSIVE WEEKS ON THE CENTRALIZED WEBSITE 5
154		-	ESTABLISHED UNDER § 2–208 OF THIS ARTICLE. 6
155		-
156		-	(2) A NOTICE PUBLISHED UND ER PARAGRAPH (1) OF THIS 7
157		-	SUBSECTION SHALL CON TAIN containing] THE REGISTER SHALL , FOR 3 WEEKS, 8
158		-	PUBLISH ON THE CENTRALIZED WEBSITE ESTABLISHED UNDER § 2–208 OF THIS 9
159		-	ARTICLE NOTICE CONTAINING THE FOLLO WING INFORMATION REG ARDING A 10
160		-	FOREIGN PERSONAL REPRESENTATIVE AND T HE ESTATE REPRESENTE D: 11
161		-
162		-	(i) The foreign personal representative’s appointment; 12
163		-
164		-	(ii) The foreign personal representative’s name and address; 13
165		-
166		-	(iii) The name and address of the foreign personal representative’s 14
167		-	Maryland agent for service of process on file with the register in each county where real or 15
168		-	leasehold property was located; 16
169		-
170		-	(iv) The name of the court that appointed the foreign personal 17
171		-	representative; 18
172		-
173		-	(v) A brief description of all real and leasehold property owned by 19
174		-	the decedent in the county; 20
175		-
176		-	(vi) The date of the decedent’s death; and 21
177		-
178		-	(vii) The following statement: All persons having claims against the 22
179		-	decedent must present their claims to the undersigned, or file them with the register of 23
180		-	wills on or before the earlier of the following dates: 24
181		-
182		-	1. 6 months from the date of the decedent’s death; or 25
183		-
184		-	2. 2 months after the foreign personal representative mails 26
185		-	or otherwise delivers to the creditor a copy of this published notice or other written notice, 27
186		-	notifying the creditor that the creditor’s claim will be barred unless the creditor presents 28
187		-	the claim within 2 months from the mailing or other delivery of the notice[;]. 29
188		-
189		-	(2) (3) [Record in each appropriate office of the register a certification 30
190		-	that the foreign personal representative has published notice as required; and 31
191		-	HOUSE BILL 623 5
192		-
193		-
194		-	(3) (4)] Promptly after a proceeding under this subtitle has been 1
195		-	instituted, A FOREIGN PERSONAL R EPRESENTATIVE SHALL comply with the provisions 2
196		-	of § 7–103.1 of this article. 3
	143	+	(3)] Promptly after a proceeding under this subtitle has been instituted, A 1
	144	+	FOREIGN PERSONAL REP RESENTATIVE SHAL L comply with the provisions of § 7–103.1 2
	145	+	of this article. 3
197	146
198	147		(c) (1) Within the time periods provided under subsection (b) of this section, a 4
199	148		creditor may file with the register a written statement of the creditor’s claim, in the form 5
200	149		set forth in § 8–104(c) of this article, and if a foreign personal representative has instituted 6
201	150		a proceeding under this subtitle deliver or mail a copy of the statement to the personal 7
202	151		representative. 8
203	152
204	153		(2) (i) The register shall maintain a book known as the “Claims Against 9
205	154		Nonresident Decedents” book in which every claim and release shall be recorded. 10
206	155
207	156		(ii) Unless and until a release of a validly recorded claim has been 11
208	157		recorded, or the claim has finally been determined in favor of the personal representative, 12
209	158		the claim shall constitute a lien against the real and leasehold property owned by the 13
210	159		decedent in the county at the time of death for a period of 12 years from date of death. 14
211	160
212	161		(iii) If the personal representative is empowered by the will to sell the 15
213	162		property the claim shall constitute a lien against the net proceeds from the sale. 16
214	163
215	164		7–103. 17
216	165
217	166		(a) [(1)] After the appointment of a personal representative, the register shall 18
218	167		[have a notice of the appointment published in a newspaper of general circulation in the 19
219		-	county of appointment OR ON THE CENTRALIZE D WEBSITE ESTABLISHE D UNDER § 20
220		-	2–208 OF THIS ARTICLE once a week in 3 successive weeks], FOR 3 WEEKS, PUBLISH 21
221		-	NOTICE ON THE CENTRA LIZED WEBSITE ESTABL ISHED UNDER § 2–208 OF THIS 22
222		-	ARTICLE, announcing the appointment and address of the personal representative, and 23
223		-	notifying creditors of the estate to present their claims. 24
	168	+	county of appointment once a week in 3 successive weeks], FOR 3 WEEKS, PUBLISH 20
	169	+	NOTICE ON THE CENTRA LIZED WEBSITE ESTABL ISHED UNDER § 2–208 OF THIS 21
	170	+	ARTICLE, announcing the appointment and address of the personal representative, and 22
	171	+	notifying creditors of the estate to present their claims. 23
224	172
225		-	[(2) The personal representative shall file or have filed with the register a 25
226		-	certification that a notice has been published.] 26
	173	+	[(2) The personal representative shall file or have filed with the register a 24
	174	+	certification that a notice has been published.] 25
227	175
228		-	(b) The notice of appointment shall be substantially in the following form: 27
	176	+	(b) The notice of appointment shall be substantially in the following form: 26
229	177
230		-	“To all persons interested in the estate of .......................: 28
	178	+	“To all persons interested in the estate of .......................: 27
231	179
232		-	This is to give notice that the undersigned, ……~~...~~…whose address is ………~~…..~~ was, 29
233		-	on …….., appointed personal representative of the estate of …………. who died on …… 30
234		-	~~(with)~~ (without) a will. 31
235		-	All interested persons or unpaid claimants having any objection to the appointment 32
236		-	of the personal representative shall file the same with the register of wills on or before 6 33
237		-	months from the date of the appointment. 34
238		-	All persons having any objection to the probate of the will of the decedent shall file 35
239		-	the same with the register of wills on or before 6 months from the date of the appointment. ~~36 6~~ HOUSE BILL 623
	180	+	This is to give notice that the undersigned, ……… whose address is ……… was, on 28
	181	+	………, appointed personal representative of the estate of ……… who died on …… (with) 29
	182	+	(without) a will. 30
	183	+	All interested persons or unpaid claimants having any objection to the appointment 31
	184	+	of the personal representative shall file the same with the register of wills on or before 6 32
	185	+	months from the date of the appointment. 33
	186	+	All persons having any objection to the probate of the will of the decedent shall file 34
	187	+	the same with the register of wills on or before 6 months from the date of the appointment. 35 HOUSE BILL 623 5
240	188
241	189
242	190		All persons having claims against the decedent must present their claims to the 1
243	191		undersigned, or file them with the register of wills on or before the earlier of the following 2
244	192		dates: 3
245	193		(1) 6 months from the date of the decedent’s death; or 4
246	194		(2) 2 months after the personal representative mails or otherwise delivers 5
247	195		to the creditor a copy of this published notice or other written notice, notifying the creditor 6
248	196		that the creditor’s claim will be barred unless the creditor presents the claim within 2 7
249	197		months from the mailing or other delivery of the notice. 8
250	198		Any claim not filed on or before that date, or any extension provided by law, is 9
251	199		unenforceable thereafter. 10
252		-	~~…………~~…………………………… 11
	200	+	…………………………… 11
253	201		Personal representative 12
254	202		Date of first publication: 13
255		-	……………………………” 14
	203	+	……………………………”. 14
256	204
257	205		7–104. 15
258	206
259	207		(a) Not later than 20 days after the appointment of a personal representative, the 16
260	208		personal representative shall deliver to the register the text of the first published 17
261		-	[newspaper] OR WEBSITE notice of the appointment and shall advise the register of the 18
262		-	~~names~~ and addresses of the heirs of the decedent and of the legatees to the extent known 19
263		-	~~by the~~ personal representative, so that the register may issue the notices provided in § 20
264		-	~~2–210 of~~ this article. 21
	209	+	[newspaper] WEBSITE notice of the appointment and shall advise the register of the names 18
	210	+	and addresses of the heirs of the decedent and of the legatees to the extent known by the 19
	211	+	personal representative, so that the register may issue the notices provided in § 2–210 of 20
	212	+	this article. 21
265	213
266	214		(b) The provisions of this section do not apply to a successo r personal 22
267	215		representative if notice under this section has been given previously, or to a person 23
268	216		appointed pursuant to judicial probate. 24
269	217
270	218		9–112. 25
271	219
272	220		(a) (1) If the personal representative cannot obtain agreement from all 26
273	221		interested persons entitled to share in the distribution of the property, the personal 27
274	222		representative may apply to the court to make distribution. 28
275	223
276	224		(2) The court shall designate a day and direct the giving of notice to all 29
277	225		interested persons concerned. 30
278	226
279	227		(3) The court may appoint two disinterested individuals, not related to the 31
280	228		interested persons to make an appropriate division for distribution, or recommend to the 32
281	229		court a sale of part or all of the property, and the court shall direct the distribution it 33
282	230		considers appropriate. 34
283	231
284	232		(b) If a majority in relation to value fails to appear on the appointed day, or appear 35
285	233		and object to the distribution suggested, or if the court considers a sale of part or all of the 36
286	234		property more appropriate and advantageous, the personal representative shall make the 37
287	235		sale or sales and divide the proceeds, together with unsold property, as the court directs. 38
288		-	HOUSE BILL 623 7
	236	+	6 HOUSE BILL 623
289	237
290	238
291	239		(c) If the personal representative has reason to believe that there may be one or 1
292	240		more interested persons whose names or addresses are not known to the pers onal 2
293	241		representative, or if it is not known to the personal representative if an interested person 3
294	242		is still surviving, the personal representative may appoint a meeting of all interested 4
295	243		persons to be held on a day the court designates. 5
296	244
297	245		(d) (1) The personal representative shall give notice to all interested persons 6
298	246		known to the personal representative, and THE REGISTER shall, FOR 3 WEEKS, publish a 7
299	247		notice of the meeting [once a week in 3 successive weeks, in a newspaper of general 8
300		-	circulation in the county of the personal representative’s appointment,] OR ON THE 9
	248	+	circulation in the county of the personal representative’s appointment,] ON THE 9
301	249		CENTRALIZED WEBSITE ESTABLISHED UNDER § 2–208 OF THIS ARTICLE stating the 10
302	250		time, date, place, and purpose of the meeting which shall be held no sooner than 20 days 11
303	251		after the first publication. 12
304	252
305	253		(2) The personal representative shall also take other steps and make other 13
306	254		efforts to learn the names and addresses of additional interested persons as the court 14
307	255		considers appropriate under the circumstances. 15
308	256
309	257		(e) (1) On the date of the meeting, distribution of the net estate shall be made 16
310	258		under the direction and control of the court. 17
311	259
312	260		(2) Distribution by the personal representative in accordance with the 18
313	261		direction of the court at the meeting protects and indemnifies the personal representative 19
314	262		acting in obedience to it. 20
315	263
316	264		SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
317	265		October 1, 2025. 22
318	266
319		-
320		-
321		-
322		-	Approved:
323		-	________________________________________________________________________________
324		-	Governor.
325		-	________________________________________________________________________________
326		-	Speaker of the House of Delegates.
327		-	________________________________________________________________________________
328		-	President of the Senate.