EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G 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.
*sb0158*
SENATE BILL 158
N2 5lr1282
(PRE–FILED) CF HB 88
By: Senator West
Requested: October 19, 2024
Introduced and read first time: January 8, 2025
Assigned to: Judicial Proceedings
Committee Report: Favorable
Senate action: Adopted
Read second time: February 21, 2025
CHAPTER ______
AN ACT concerning 1
Estates and Trusts – Maryland Trust Decanting Act – Notification and 2
Document Transmittal 3
FOR the purpose of specifying the manner in which notice regarding an exercise of the 4
decanting power or the sending of a document under the Maryland Trust Decanting 5
Act is required to be provided; and generally relating to the Maryland Trust 6
Decanting Act. 7
BY adding to 8
Article – Estates and Trusts 9
Section 14–602.1 10
Annotated Code of Maryland 11
(2022 Replacement Volume and 2024 Supplement) 12
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That the Laws of Maryland read as follows: 14
Article – Estates and Trusts 15
14–602.1. 16
(A) NOTICE TO A PERSON UNDER TH IS SUBTITLE OR THE SENDING OF A 17
DOCUMENT TO A PERSON UNDER TH IS SUBTITLE SHALL BE AC COMPLISHED IN A 18 2 SENATE BILL 158
MANNER REASONABLY SUITABLE UNDER THE CI RCUMSTANCES AND LIKELY TO 1
RESULT IN RECEIPT OF THE NOTICE OR DOCUMENT . 2
(B) AN AUTHORIZED FIDUCIA RY SHALL PROVIDE NOT ICE TO A PERSON 3
UNDER THIS SUBTITLE : 4
(1) BY PERSONAL SERVICE ; 5
(2) BY CERTIFIED MAIL OR FIRST–CLASS MAIL, POSTAGE PREPAID , 6
RETURN RECEIPT REQUE STED; 7
(3) BY COURIER DELIVERY S ERVICE, DELIVERY SERVICE PRE PAID, 8
DELIVERY CONFIRMATIO N REQUESTED ; OR 9
(4) IF A PERSON ENTITLED TO RECEIVE NOTICE UN DER THIS 10
SUBTITLE AGREES IN W RITING TO ACCEPT AN ALTERNATIVE FORM OF NOTICE: 11
(I) BY FIRST–CLASS MAIL, POSTAGE PREPAID ; 12
(II) BY FACSIMILE TRANSMISSION FROM A FACSIMILE DEVICE 13
THAT PRODUCES A CONF IRMATION PAGE THAT S PECIFIES THE DATE AN D TIME OF A 14
SUCCESSFUL FACSIMILE TRANSMISSION ; OR 15
(III) BY E–MAIL, ACKNOWLEDGEMENT REQU ESTED. 16
(C) (1) A PERSON MAY REVOKE THE AUTHORIZED FIDUC IARY’S 17
AUTHORIZATION TO PROVIDE NOTICE BY AN ALTERNA TIVE METHOD UNDER 18
SUBSECTION (B)(4) OF THIS SECTION BY PROVIDING NOTICE TO THE AUTHORIZED 19
FIDUCIARY IN A METHO D SPECIFIED UNDER SUBSECTION (B)(1) THROUGH (3) OF 20
THIS SECTION. 21
(2) AN AUTHORIZED FIDUCIA RY AUTHORIZED TO PROVID E NOTICE BY 22
AN ALTERNATIVE METHO D UNDER SUBSECTION (B)(4) OF THIS SECTION MAY 23
CONTINUE TO PROVIDE NOTICE BY THE AUTHOR IZED ALTERNATIVE MET HOD UNTIL 24
THE PERSON ENTITLED TO RECEIVE NOTICE RE VOKES THE AUTHORIZAT ION IN 25
ACCORDANCE WITH PARAGRAPH (1) OF THIS SUBSECTION . 26
(D) IF AN AUTHORIZED FIDU CIARY WHO PROVIDES N OTICE BY AN 27
ALTERNATIVE METHOD U NDER SUBSECTION (B)(4) OF THIS SECTION KNOWS OR 28
SHOULD KNOW THAT THE PERSON ENTITLED TO R ECEIVE NOTI CE DID NOT 29
ACTUALLY RECEIVE NOT ICE, THE AUTHORIZ ED FIDUCIARY SHALL P ROVIDE NOTICE 30
TO THE PERSON BY A M ETHOD SPECIFIED UNDER SUBSECTION (B)(1) THROUGH (3) 31
OF THIS SECTION. 32 SENATE BILL 158 3
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
October 1, 2025. 2
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.