Maryland 2025 Regular Session

Maryland Senate Bill SB22 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		sb0022
9	6
10	7		SENATE BILL 22
11	8		N2, D1 5lr1283
12		-	(PRE–FILED) CF ~~HB 315~~
	9	+	(PRE–FILED) CF 5lr1552
13	10		By: Senator West
14	11		Requested: October 19, 2024
15	12		Introduced and read first time: January 8, 2025
16	13		Assigned to: Judicial Proceedings
17		-	Committee Report: Favorable with amendments
18		-	Senate action: Adopted
19		-	Read second time: February 2, 2025
20	14
21		-	~~CHAPTER ______~~
	15	+	A BILL ENTITLED
22	16
23	17		AN ACT concerning 1
24	18
25	19		Task Force to Study Fiduciary Adjudication in Maryland 2
26	20
27	21		FOR the purpose of establishing the Task Force to Study Fiduciary Adjudication in 3
28	22		Maryland to examine and analyze the efficiency, uniformity, and quality of fiduciary 4
29	23		adjudication in Maryland and make recommendations; requiring the orphans’ 5
30	24		courts, circuit courts, registers of wills, and Administrative Office of the Courts to 6
31	25		comply with certain requests of the Task Force; and generally relating to the Task 7
32	26		Force to Study Fiduciary Adjudication in Maryland. 8
33	27
34	28		Preamble 9
35	29
36	30		WHEREAS, In 2022, the Task Force to Study the Maryland Orphans’ Courts issued 10
37	31		a report identifying certain inefficiencies and other problems with the selection of judges 11
38	32		for, and adjudication of matters before, the orphans’ courts; and 12
39	33
40	34		WHEREAS, More recent developments have further illustrated those problems, 13
41	35		including the lack of uniformity in probate adjudication across Maryland’s jurisdictions; 14
42	36		and 15
43	37
44	38		WHEREAS, The adjudication of other fiduciary matters, including those relating to 16
45	39		trusts and adult guardianships, involve overlapping issues with probate matters and can 17
46	40		be more efficient; and 18
	41	+
	42	+	WHEREAS, Maryland created the orphans’ courts in 1777 in order to assist families 19
	43	+	with the transmission of wealth on a member’s death; and 20
	44	+
	45	+	WHEREAS, In the ensuing 248 years, methods for holding and transmitting wealth 21
	46	+	have changed significantly, and probate and fiduciary legal issues have become 22
	47	+	substantially more complex; and 23
47	48		2 SENATE BILL 22
48	49
49	50
50		-	WHEREAS, ~~Maryland created~~ the ~~orphans’ courts in 1777 in order to assist families~~ 1
51		-	~~with the transmission~~ of ~~wealth on a member’s death~~; and 2
	51	+	WHEREAS, The General Assembly recognizes the value that a specialized court 1
	52	+	brings to families in times of transition; and 2
52	53
53		-	WHEREAS, In the ~~ensuing 248 years, methods~~ for ~~holding and transmitting wealth~~ 3
54		-	~~have changed significantly,~~ and ~~probate and fiduciary legal issues have become~~ 4
55		-	~~substantially more complex~~; ~~and~~ 5
	54	+	WHEREAS, The General Assembly also recognizes the need for further changes to 3
	55	+	fiduciary adjudication in Maryland in order to provide a uniform and efficient system for 4
	56	+	its citizens; now, therefore, 5
56	57
57		-	~~WHEREAS,~~ The General Assembly ~~recognizes the value that a specialized court~~ 6
58		-	~~brings to families in times of transition; and~~ 7
	58	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
	59	+	That: 7
59	60
60		-	WHEREAS, The General Assembly also recognizes the need for further changes to 8
61		-	fiduciary adjudication in Maryland in order to provide a uniform and efficient system for 9
62		-	its citizens; now, therefore, 10
	61	+	(a) There is a Task Force to Study Fiduciary Adjudication in Maryland. 8
63	62
64		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
65		-	That: 12
	63	+	(b) The Task Force consists of the following members: 9
66	64
67		-	(a) There is a Task Force to Study Fiduciary Adjudication in Maryland. 13
	65	+	(1) two members of the Senate of Maryland, appointed by the President of 10
	66	+	the Senate; 11
68	67
69		-	(b) The Task Force consists of the following members: 14
	68	+	(2) two members of the House of Delegates, appointed by the Speaker of 12
	69	+	the House; 13
70	70
71		-	(1) two members of the Senate of Maryland, appointed by the President of 15
72		-	the Senate; 16
	71	+	(3) two members who are judges of an orphans’ court, at least one of whom 14
	72	+	serves in a jurisdiction where orphans’ court judges are required to be attorneys, appointed 15
	73	+	by the chair of the Conference of Orphans’ Court Judges; 16
73	74
74		-	(2) two members of the House of Delegates, appointed by the Speaker of 17
75		-	the House; 18
	75	+	(4) one member who is a judge of the circuit court in a jurisdiction where 17
	76	+	the circuit court sits as the orphans’ court, appointed by the Chief Justice of the Supreme 18
	77	+	Court of Maryland; 19
76	78
77		-	(3) two members who are judges of an orphans’ court, at least one of whom 19
78		-	serves in a jurisdiction where orphans’ court judges are required to be attorneys, appointed 20
79		-	by the chair of the Conference of Orphans’ Court Judges; 21
	79	+	(5) two members of the Maryland State Bar Association, designated by the 20
	80	+	Estate and Trust Law Section Council, at least one of whom is a fiduciary litigator; 21
80	81
81		-	(4) one member who is a judge of the circuit court in a jurisdiction where 22
82		-	the circuit court sits as the orphans’ court, appointed by the Chief Justice of the Supreme 23
83		-	Court of Maryland; 24
	82	+	(6) the president of the Maryland Register of Wills Association; and 22
84	83
85		-	(5) two members of the Maryland State Bar Association, designated by the 25
86		-	chair of the Estate and Trust Law Section Council, at least one of whom is who between 26
87		-	them shall include a fiduciary litigator and a resident of a jurisdiction with a population of 27
88		-	less than 250,000; 28
	84	+	(7) one member with expertise in budgeting and personnel matters , 23
	85	+	appointed by the Governor. 24
89	86
90		-	(6) ~~two registers of wills designated by~~ the ~~president~~ of the ~~Maryland 29~~
91		-	~~Register~~ of ~~Wills Association;~~ ~~and 30~~
	87	+	(c) The Governor shall designate the chair of the Task Force from among the 25
	88	+	members appointed by the President of the Senate or the Speaker of the House. 26
92	89
93		-	(7) one member with expertise in budgeting and personnel matters, 31
94		-	appointed by the Governor. 32
95		-	SENATE BILL 22 3
	90	+	(d) The Administrative Office of the Courts shall provide staff for the Task Force. 27
96	91
	92	+	(e) A member of the Task Force: 28
97	93
98		-	(c) The Governor shall designate the chair of the Task Force from among the 1
99		-	members appointed by the President of the Senate or the Speaker of the House. 2
	94	+	(1) may not receive compensation as a member of the Task Force; but 29
100	95
101		-	(d) The Administrative Office of the Courts shall provide staff for the Task Force. 3
102		-
103		-	(e) A member of the Task Force: 4
104		-
105		-	(1) may not receive compensation as a member of the Task Force; but 5
106		-
107		-	(2) is entitled to reimbursement for expenses under the Standard State 6
108		-	Travel Regulations, as provided in the State budget. 7
109		-
110		-	(f) The Task Force shall: 8
111		-
112		-	(1) examine the qualifications, training, and methods of selection of judges 9
113		-	hearing probate and other fiduciary matters in Maryland; 10
114		-
115		-	(2) examine the jurisdictions of the orphans’ courts and circuit courts with 11
116		-	respect to fiduciary matters; 12
117		-
118		-	(3) analyze the efficiency of the procedures for adjudicating contested and 13
119		-	uncontested matters in the orphans’ courts and circuit courts; 14
120		-
121		-	(4) analyze the effect of the different qualifications of orphans’ court judges 15
122		-	and related litigation procedures on the uniform application of justice in Maryland; 16
123		-
124		-	(5) analyze and compare the laws and practices of other states relating to 17
125		-	the adjudication of fiduciary matters, including the selection, qualification, and training of 18
126		-	judges hearing those matters; 19
127		-
128		-	(6) seek guidance from appropriate witnesses with experience or expertise 20
129		-	in the area of fiduciary adjudication; 21
130		-
131		-	(7) examine any other research, analysis, or guidance related to the best 22
132		-	practices for adjudicating fiduciary matters; 23
133		-
134		-	(8) offer one or more opportunities for members of the public and other 24
135		-	interested parties to give their opinions on the subjects considered by the Task Force; and 25
136		-
137		-	(9) make recommendations to improve efficiency, uniformity, and quality 26
138		-	of fiduciary adjudication in Maryland. 27
139		-
140		-	(g) The orphans’ courts, circuit courts, registers of wills, and Administrative 28
141		-	Office of the Courts shall comply with all reasonable requests by the Task Force for 29
142		-	information and data the Task Force considers necessary for its work. 30
143		-	4 SENATE BILL 22
144		-
145		-
146		-	(h) On or before January 1, 2026, the Task Force shall report its findings and 1
147		-	recommendations to the Governor and, in accordance with § 2 –1257 of the State 2
148		-	Government Article, the General Assembly. 3
149		-
150		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 4
151		-	1, 2025. It shall remain effective for a period of 1 year and, at the end of June 30, 2026, this 5
152		-	Act, with no further action required by the General Assembly, shall be abrogated and of no 6
153		-	further force and effect. 7
	96	+	(2) is entitled to reimbursement for expenses under the Standard State 30
	97	+	Travel Regulations, as provided in the State budget. 31 SENATE BILL 22 3
154	98
155	99
156	100
	101	+	(f) The Task Force shall: 1
157	102
	103	+	(1) examine the qualifications, training, and methods of selection of judges 2
	104	+	hearing probate and other fiduciary matters in Maryland; 3
158	105
159		-	Approved:
160		-	________________________________________________________________________________
161		-	Governor.
162		-	________________________________________________________________________________
163		-	President of the Senate.
164		-	________________________________________________________________________________
165		-	Speaker of the House of Delegates.
	106	+	(2) examine the jurisdictions of the orphans’ courts and circuit courts with 4
	107	+	respect to fiduciary matters; 5
	108	+
	109	+	(3) analyze the efficiency of the procedures for adjudicating contested and 6
	110	+	uncontested matters in the orphans’ courts and circuit courts; 7
	111	+
	112	+	(4) analyze the effect of the different qualifications of orphans’ court judges 8
	113	+	and related litigation procedures on the uniform application of justice in Maryland; 9
	114	+
	115	+	(5) analyze and compare the laws and practices of other states relating to 10
	116	+	the adjudication of fiduciary matters, including the selection, qualification, and training of 11
	117	+	judges hearing those matters; 12
	118	+
	119	+	(6) seek guidance from appropriate witnesses with experience or expertise 13
	120	+	in the area of fiduciary adjudication; 14
	121	+
	122	+	(7) examine any other research, analysis, or guidance related to the best 15
	123	+	practices for adjudicating fiduciary matters; 16
	124	+
	125	+	(8) offer one or more opportunities for members of the public and other 17
	126	+	interested parties to give their opinions on the subjects considered by the Task Force; and 18
	127	+
	128	+	(9) make recommendations to improve efficiency, uniformity, and quality 19
	129	+	of fiduciary adjudication in Maryland. 20
	130	+
	131	+	(g) The orphans’ courts, circuit courts, registers of wills, and Administrative 21
	132	+	Office of the Courts shall comply with all reasonable requests by the Task Force for 22
	133	+	information and data the Task Force considers necessary for its work. 23
	134	+
	135	+	(h) On or before January 1, 2026, the Task Force shall report its findings and 24
	136	+	recommendations to the Governor and, in accordance with § 2–1257 of the State 25
	137	+	Government Article, the General Assembly. 26
	138	+
	139	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall t ake effect July 27
	140	+	1, 2025. It shall remain effective for a period of 1 year and, at the end of June 30, 2026, this 28
	141	+	Act, with no further action required by the General Assembly, shall be abrogated and of no 29
	142	+	further force and effect. 30
	143	+