EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0022*
SENATE BILL 22
N2, D1 5lr1283
(PRE–FILED) CF 5lr1552
By: Senator West
Requested: October 19, 2024
Introduced and read first time: January 8, 2025
Assigned to: Judicial Proceedings
A BILL ENTITLED
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
WHEREAS, More recent developments have further illustrated those problems, 13
including the lack of uniformity in probate adjudication across Maryland’s jurisdictions; 14
and 15
WHEREAS, The adjudication of other fiduciary matters, including those relating to 16
trusts and adult guardianships, involve overlapping issues with probate matters and can 17
be more efficient; and 18
WHEREAS, Maryland created the orphans’ courts in 1777 in order to assist families 19
with the transmission of wealth on a member’s death; and 20
WHEREAS, In the ensuing 248 years, methods for holding and transmitting wealth 21
have changed significantly, and probate and fiduciary legal issues have become 22
substantially more complex; and 23
2 SENATE BILL 22
WHEREAS, The General Assembly recognizes the value that a specialized court 1
brings to families in times of transition; and 2
WHEREAS, The General Assembly also recognizes the need for further changes to 3
fiduciary adjudication in Maryland in order to provide a uniform and efficient system for 4
its citizens; now, therefore, 5
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
That: 7
(a) There is a Task Force to Study Fiduciary Adjudication in Maryland. 8
(b) The Task Force consists of the following members: 9
(1) two members of the Senate of Maryland, appointed by the President of 10
the Senate; 11
(2) two members of the House of Delegates, appointed by the Speaker of 12
the House; 13
(3) two members who are judges of an orphans’ court, at least one of whom 14
serves in a jurisdiction where orphans’ court judges are required to be attorneys, appointed 15
by the chair of the Conference of Orphans’ Court Judges; 16
(4) one member who is a judge of the circuit court in a jurisdiction where 17
the circuit court sits as the orphans’ court, appointed by the Chief Justice of the Supreme 18
Court of Maryland; 19
(5) two members of the Maryland State Bar Association, designated by the 20
Estate and Trust Law Section Council, at least one of whom is a fiduciary litigator; 21
(6) the president of the Maryland Register of Wills Association; and 22
(7) one member with expertise in budgeting and personnel matters , 23
appointed by the Governor. 24
(c) The Governor shall designate the chair of the Task Force from among the 25
members appointed by the President of the Senate or the Speaker of the House. 26
(d) The Administrative Office of the Courts shall provide staff for the Task Force. 27
(e) A member of the Task Force: 28
(1) may not receive compensation as a member of the Task Force; but 29
(2) is entitled to reimbursement for expenses under the Standard State 30
Travel Regulations, as provided in the State budget. 31 SENATE BILL 22 3
(f) The Task Force shall: 1
(1) examine the qualifications, training, and methods of selection of judges 2
hearing probate and other fiduciary matters in Maryland; 3
(2) examine the jurisdictions of the orphans’ courts and circuit courts with 4
respect to fiduciary matters; 5
(3) analyze the efficiency of the procedures for adjudicating contested and 6
uncontested matters in the orphans’ courts and circuit courts; 7
(4) analyze the effect of the different qualifications of orphans’ court judges 8
and related litigation procedures on the uniform application of justice in Maryland; 9
(5) analyze and compare the laws and practices of other states relating to 10
the adjudication of fiduciary matters, including the selection, qualification, and training of 11
judges hearing those matters; 12
(6) seek guidance from appropriate witnesses with experience or expertise 13
in the area of fiduciary adjudication; 14
(7) examine any other research, analysis, or guidance related to the best 15
practices for adjudicating fiduciary matters; 16
(8) offer one or more opportunities for members of the public and other 17
interested parties to give their opinions on the subjects considered by the Task Force; and 18
(9) make recommendations to improve efficiency, uniformity, and quality 19
of fiduciary adjudication in Maryland. 20
(g) The orphans’ courts, circuit courts, registers of wills, and Administrative 21
Office of the Courts shall comply with all reasonable requests by the Task Force for 22
information and data the Task Force considers necessary for its work. 23
(h) On or before January 1, 2026, the Task Force shall report its findings and 24
recommendations to the Governor and, in accordance with § 2–1257 of the State 25
Government Article, the General Assembly. 26
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall t ake effect July 27
1, 2025. It shall remain effective for a period of 1 year and, at the end of June 30, 2026, this 28
Act, with no further action required by the General Assembly, shall be abrogated and of no 29
further force and effect. 30