Md. Code, Estates and Trusts, Title 6

in effect

Md. Code, Estates and Trusts § 6-101

As a condition to a personal representative’s appointment, the personal representative shall file: (1) A statement of acceptance of the duties of the office; (2) Any required bond; and (3) A written consent to personal jurisdiction in any action brought in the State against the personal representative as personal representative or arising out of the personal representative’s duties, where service of process is effected pursuant to the Maryland Rules at the address of the personal representative shown in the proceedings.

Md. Code, Estates and Trusts § 6-102

(a) Subject to the provisions of subsections (b) and (c) of this section unless a bond is expressly excused by the will of the decedent or by the written waiver of all interested persons, every personal representative shall execute a bond to the State of Maryland for the benefit of all interested persons and creditors with a surety or sureties approved by the register. (b) (1) Even if a personal representative is excused from giving bond, a bond shall be given in an amount that the register or the court considers sufficient to secure the payment of the debts and Maryland inheritance taxes payable by the personal representative. (2) The bond shall be conditioned accordingly. (3) Even if a bond is not required as a condition of the appointment of a personal representative, the court may require a bond during the administration on the petition of an interested person or creditor and for good cause shown. (c) (1) A national banking association as defined in the Financial Institutions Article or a trust company serving as a personal representative is not required to give a bond. (2) A bond shall not be required for any period following the final approval of the final administration account. (d) (1) The surety on the bond may be a corporation authorized to act as a surety in the State or one or more individuals approved by the register. (2) Unless otherwise ordered by the court, all sureties and the personal representatives are jointly and severally liable on the bond. (e) (1) The penalty sum of a bond shall be fixed by the court or register in an amount not exceeding the probable maximum value of the personal property of the estate during administration less: (i) The market value, as determined by the court, of collateral posted with the court by the personal representative; and (ii) The amount of cash belonging to the estate if deposited with a banking institution approved by the court in an account expressly made subject to withdrawal only in a manner that is approved by the court. (2) The penalty sum may be increased or decreased by the court in its discretion for good cause at any time during administration. (f) (1) Every bond executed by a personal representative shall be filed in the office of the register. (2) A person may obtain a copy of the bond certified by the register. (g) The premium for a bond shall be chargeable against the property of the estate. (h) (1) The bond shall be substantially in the following form: The condition of the above obligation is such, that if ............. shall well and truly perform the office of the personal representative of ......, late of .........., deceased, according to law, and shall in all respects discharge the duties required of the personal representative by law as personal representative without any injury or damage to any person interested in the faithful performance of the office, then the above obligation shall be void; it is otherwise to be in full force and effect. (2) If the giving of a bond is excused or waived, the required nominal bond shall be substantially in the following form: The condition of the above obligation is such, that if ............ shall, as personal representative of .......... late of ..........., deceased, pay the debts due by the deceased and the Maryland inheritance tax payable by the personal representative, then the above obligation shall be void; it is otherwise to be in full force and effect. (i) (1) The court may require additional security, new security, and countersecurity in accordance with the Maryland Rules. (2) If the personal representative does not within a reasonable time fixed by the court give new security or countersecurity as may be required by order of the court, if the personal representative is removed as provided by § 6–306 of this title, or if the personal representative fails to account for and deliver the property belonging to the estate to the newly appointed successor personal representative or special administrator, the court may direct the bond of the personal representative to be put in suit.

Md. Code, Estates and Trusts § 6-103

(a) After appointment, letters shall be issued to the personal representative by the register. (b) Letters shall contain: (1) The name and location of the court or register by whom appointment was made; (2) The name of the decedent and the personal representative; (3) The date of the representative’s appointment; (4) The date of probate of the will admitted to probate in the proceeding; (5) The signature of the register and the seal of the court; and (6) The date the certificate was issued.

Md. Code, Estates and Trusts § 6-104

Letters of administration shall be in substantially the following form: LETTERS OF ADMINISTRATION To all persons who may be interested in the Estate of …………………………… deceased: Administration of the Estate of the deceased has been granted on ………………………………… to …………………………… . The appointment is in full force and effect as of this date. SEAL WITNESS: ……………………………………………… Dated: Register of Wills for ………………………………………………

Md. Code, Estates and Trusts § 6-105

(a) The duties and powers of a personal representative commence on the issuance of the personal representative’s letters, but when done in good faith, the personal representative’s acts occurring before appointment have the same effect as those occurring after. (b) A personal representative may ratify and accept acts done on behalf of the estate by others if the acts would have been proper for a personal representative.

Md. Code, Estates and Trusts § 6-201

(a) A person to whom letters are first issued has exclusive authority under the letters until the person’s appointment is terminated or modified. (b) If, in the absence of termination or modification, letters are afterwards issued to another, the first appointed personal representative may recover any property of the estate in the hands of, and demand and secure an accounting from, the personal representative subsequently appointed, but the acts of the latter done in good faith before notice of the first letters, are not void for want of validity of appointment.

Md. Code, Estates and Trusts § 6-202

A successor personal representative has the same powers and duties to complete the administration and distribution of the estate as the original personal representative, including the powers granted in the will, but excluding any power expressly made personal to the executor named in the will.

Md. Code, Estates and Trusts § 6-203

(a) When two or more persons are appointed copersonal representatives, the concurrence of all is required on all acts connected with the administration and distribution of the estate. (b) The provisions of subsection (a) of this section do not apply if: (1) The act involved is receiving or receipting for property due the estate; (2) All personal representatives cannot readily be consulted in the time reasonably available for emergency action; (3) A personal representative has validly delegated to a copersonal representative the personal representative’s power to act; or (4) The will or a statute provides otherwise. (c) Persons dealing with a copersonal representative without knowledge that the copersonal representative is not the sole personal representative are as fully protected as if the person with whom they dealt had been the sole personal representative.

Md. Code, Estates and Trusts § 6-204

Unless the will otherwise provides: (1) Every power exercisable by copersonal representatives may be exercised by the survivors or survivor of them when the appointment of one is terminated; and (2) Where one of two or more nominated as copersonal representatives is not appointed, those appointed may exercise all the powers incident to the office.

Md. Code, Estates and Trusts § 6-301

On written application of an interested person, the court may suspend any of the powers and duties of the personal representative in accordance with the injunction provisions of the Maryland Rules.

Md. Code, Estates and Trusts § 6-302

The appointment of a personal representative shall be terminated in accordance with Title 10 of this article and may be terminated sooner by the personal representative’s death, disability, resignation, or removal as provided in §§ 6–303 through 6–307 of this subtitle.

Md. Code, Estates and Trusts § 6-303

(a) Termination ends the right and power pertaining to the office of personal representative as conferred by will or by the estates of decedents law. (b) A personal representative whose appointment has been terminated shall: (1) Unless otherwise ordered by the court, perform acts necessary to protect property belonging to the estate; and (2) Deliver the property to the successor representative. (c) Termination does not discharge a personal representative from liability for transactions or omissions occurring before termination, or relieve the personal representative of the duty to protect property subject to the personal representative’s control, and to account for and deliver the property to the personal representative’s successor. (d) Termination does not affect the personal jurisdiction to which the personal representative has given consent pursuant to § 6–101 of this title in proceedings which may be commenced against the personal representative arising out of the performance of the personal representative’s duties as personal representative. (e) All lawful acts of a personal representative before the termination of the personal representative’s appointment remain valid and effective.

Md. Code, Estates and Trusts § 6-304

(a) The appointment of a personal representative shall be terminated by the personal representative’s death or a judicial determination of the personal representative’s disability. (b) In either case, unless there is a surviving personal representative the personal representative of a deceased personal representative or the person appointed to protect the estate of a personal representative under legal disability shall: (1) Have the duty to protect property belonging to the estate being administered by the deceased or disabled personal representative; (2) Have the power to perform acts necessary for the protection of property; (3) Immediately account for and deliver the property to a successor personal representative or special administrator; and (4) Immediately apply to the court for the appointment of a special administrator or successor personal representative to carry on the administration of the estate that was being administered by the deceased or disabled personal representative.

Md. Code, Estates and Trusts § 6-305

(a) A personal representative may resign the personal representative’s position by filing a written statement of resignation with the register after the personal representative has given at least 20 days’ written notice to all interested persons of the personal representative’s intention to resign. (b) If no one applies for the appointment of a successor personal representative or special administrator, and an appointment is not made within the 20-day period, the resigning personal representative may apply to the court for the appointment of the personal representative’s successor. (c) The resignation is effective upon the appointment of a successor, and the resigning personal representative shall immediately account for and deliver the property belonging to the estate to the successor or special administrator. (d) The resignation of a copersonal representative is effective upon the giving of notice and the filing of the statement of resignation as provided in this section.

Md. Code, Estates and Trusts § 6-306

(a) A personal representative shall be removed from office on a finding by the court that the personal representative: (1) Misrepresented material facts in the proceedings leading to the personal representative’s appointment; (2) Willfully disregarded an order of the court; (3) Is unable or incapable, with or without the personal representative’s own fault, to discharge the personal representative’s duties and powers effectively; (4) Has mismanaged property; (5) Has failed to maintain on file with the register a currently effective designation of an appropriate local agent for service of process as described in § 5–105(c)(6) of this article; or (6) Has failed, without reasonable excuse, to perform a material duty pertaining to the office. (b) Even if there exists cause for removal for failure to perform a material duty pertaining to the office, the court may continue the personal representative in office if it finds that continuance would be in the best interests of the estate and would not adversely affect the rights of interested persons or creditors. (c) (1) A hearing shall be conducted by the court before the removal of a personal representative. (2) The hearing may be held: (i) On the motion of the court; (ii) On the motion of the register; or (iii) On the written petition of an interested person. (3) Notice of hearing shall be given by the register to all interested persons. (4) After notice has been given to the personal representative, the personal representative may exercise only the powers of a special administrator as permitted by § 6–403 of this title. (d) Concurrently with the removal of a personal representative, the court shall appoint a successor personal representative or a special administrator. (e) A personal representative who is removed from office shall account for and immediately deliver the property belonging to the estate to the personal representative’s successor or special administrator.

Md. Code, Estates and Trusts § 6-307

(a) (1) The appointment of a personal representative who has been appointed by administrative probate is terminated by a timely request for judicial probate. (2) The validity of an act performed by the person as personal representative is not affected by this termination. (b) Subject to an order in the proceeding for judicial probate, a personal representative appointed previously has the powers and duties of a special administrator until the appointment of a personal representative in the judicial probate proceeding. (c) A person, whose appointment as a personal representative is terminated by a request for judicial probate, may be reappointed. (d) The appointment of a personal representative is reinstated on a dismissal or withdrawal of a request for judicial probate.

Md. Code, Estates and Trusts § 6-308

(a) A personal representative whose appointment is terminated may receive for the personal representative’s services the compensation awarded by the court at the time of the termination of the personal representative’s appointment. (b) The compensation awarded by the court may not exceed an appropriate proportion of the statutory limit allowable under § 7–601 of this article.

Md. Code, Estates and Trusts § 6-401

(a) On the filing of a petition by an interested party, a creditor, or the register, or on the motion of the court, a special administrator may be appointed by the court: (1) If it is necessary to protect property before the appointment and qualification of a personal representative; or (2) On the termination of appointment of a personal representative and before the appointment of a successor personal representative. (b) A suitable person may be appointed as a special administrator, but special consideration shall be given to persons who will or may be ultimately entitled to letters as personal representatives and are immediately available for appointment.

Md. Code, Estates and Trusts § 6-402

The requirements for the filing of a bond, and all of the other provisions of § 6–102 of this title relating to the bond of a personal representative shall apply equally to a special administrator.

Md. Code, Estates and Trusts § 6-403

(a) A special administrator shall collect, manage, and preserve property and account to the personal representative on the personal representative’s appointment. (b) A special administrator: (1) Shall assume all duties unperformed by a personal representative imposed under Title 7, Subtitles 2, 3, and 5 of this article; and (2) Has all powers necessary to collect, manage, and preserve property. (c) In addition, a special administrator has the other powers designated from time to time by court order.

Md. Code, Estates and Trusts § 6-404

(a) The appointment of a special administrator terminates: (1) On the appointment of a personal representative; or (2) In the manner prescribed in Subtitle 3 of this title. (b) The powers of a special administrator may be suspended or terminated in the same manner as prescribed in Subtitle 3 of this title for the suspension and termination of the powers, or the removal, of a personal representative.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026