Maryland Statutes
Estates and Trusts

Section 4-204 - Disposal of Will by Attorney -- Filing of Will and Affidavit With Register of County -- Destruction of Will by Attorney -- Disposal Not Construed as Revocation - (a) An attorney who has custody of a will may...

Section 4-205 - Damages for Violations -- Attorney or Register Not Liable for Disposal - (a) A person who violates any provision of this subtitle...

Section 4-206 - Robbery or Larceny of Will - The robbery or larceny of a will shall be punished...

Subtitle 3 - Legatees

Section 4-301 - Who May Be a Legatee - Any individual, firm, trust, partnership, unincorporated association, corporation, or a...

Subtitle 4 - Rules Relating to Legacies

Section 4-401 - Legatee Failing to Survive Testator by 30 Days - A legatee, other than the testator’s spouse, who fails to...

Section 4-402 - Presumption That Will Passes All Property - There is a presumption that a will passes all property...

Section 4-403 - Lapse - (a) Unless a contrary intent is expressly indicated in the...

Section 4-404 - Void or Inoperative Legacies - (a) Unless a contrary intent is expressly indicated in the...

Section 4-405 - Change in Securities - Unless a contrary intent is expressly indicated in the will,...

Section 4-406 - Exoneration - (a) Unless a contrary intent is expressly indicated in the...

Section 4-407 - Exercise of Power of Appointment - Subject to the terms of the instrument creating the power,...

Section 4-408 - Will Passes Entire Interest of Testator - Unless a contrary intent is expressly indicated in the will,...

Section 4-409 - Legacy for Charitable Use - A legacy for charitable use may not be void because...

Section 4-410 - "Die Without Issue" and Similar Phrases - Unless a contrary intent is expressly indicated in the will,...

Section 4-411 - Legacy to Inter Vivos Trust - (a) A legacy may be made in form or in...

Section 4-412 - Legacy to Testamentary Trust - (a) (1) A legacy may be made in form or...

Section 4-413 - In Terrorem Clause - If probable cause exists for instituting proceedings, a provision in...

Section 4-414 - Adoptees - (a) In this section, “will” includes another written instrument of...

Subtitle 5 - Maryland Revised Uniform Anatomical Gift Act

Section 4-501 - Definitions - (a) In this subtitle the following words have the meanings...

Section 4-502 - Scope of Subtitle - This subtitle applies to an anatomical gift or an amendment...

Section 4-503 - General Consideration - (a) Subject to § 4–506 of this subtitle, an anatomical...

Section 4-504 - Amendment or Revocation - (a) Subject to § 4–506 of this subtitle, a donor...

Section 4-505 - Refusal to Make Gift - (a) An individual may refuse to make an anatomical gift...

Section 4-506 - Powers of Persons Other Than Donor -- Gift or Refusal by Donor - (a) Except as otherwise provided in subsection (g) of this...

Section 4-507 - Persons Other Than Donor -- Power to Make Gift - (a) Subject to subsections (b) and (c) of this section...

Section 4-508 - Persons Other Than Donor -- Procedure for Making Gift - (a) A person authorized to make an anatomical gift under...

Section 4-509 - Distribution of Gifts - (a) An anatomical gift may be made to the following...

Section 4-511 - Document of Gift or Refusal -- Delivery; Examination and Copying - (a) A document of gift need not be delivered during...

Section 4-512 - Searches and Examinations by Procurement Organization on Referral by Hospital - (a) Whenever a hospital refers an individual who is dead...

Section 4-513 - Violations; Penalties; Permitted Acts and Exceptions - (a) (1) Except as provided in subsection (b) of this...

Section 4-514 - Liability - (a) A person that acts in accordance with this subtitle...

Section 4-515 - Validity of Document of Gift - (a) A document of gift is valid if executed in...

Section 4-516 - Donor Registry - (a) In this section, “qualified nonprofit entity” means a procurement...

Section 4-517 - Conflicts With Advance Health Care Directives of Donor - (a) In this section, “advance health care directive” means a...

Section 4-518 - Cooperation Between Ocme and Procurement Organizations - (a) OCME and procurement organizations shall cooperate with each other...

Section 4-519 - Release of Information by Ocme; Conduct of Postmortem Examination to Procure Parts; Procedures - (a) (1) On request of a procurement organization, OCME shall...

Section 4-520 - Construction of Subtitle - In applying and construing this subtitle, which is a uniform...

Section 4-521 - Subtitle Does Not Authorize Electronic Delivery of Notices - This subtitle modifies, limits, and supersedes the Electronic Signatures in...

Section 4-522 - Short Title - This subtitle may be cited as the Maryland Revised Uniform...

Subtitle 6 - Maryland International Wills Act

Section 4-601 - Definitions - (a) In this subtitle the following words have the meanings...

Section 4-602 - Validity of International Will; Scope of Subtitle - (a) A will is valid as regards form, irrespective particularly...

Section 4-603 - Requirements - (a) An international will: (1) Shall be made in writing;...

Section 4-604 - Signatures, Date, Declaration of Safekeeping, Compliance With Section - (a) (1) The signatures required under § 4–603 of this...

Section 4-605 - Certificate - (a) An authorized person shall attach to the will a...

Section 4-606 - Certificate -- Effect - (a) In the absence of evidence to the contrary, the...

Section 4-607 - Rules of Revocation - An international will is subject to the ordinary rules of...

Section 4-608 - Derivation of Provisions and Interpretation - (a) Sections 4–601 through 4–607 of this subtitle derive from...

Section 4-609 - Authorized Person - An individual who has been admitted to practice law before...

Title 5 - Opening the Estate

Subtitle 1 - General Provisions

Section 5-101 - Scope of Title - (a) This subtitle is applicable to the portion of the...

Section 5-102 - Necessity of Proceeding - (a) Unless it is admitted to administrative or judicial probate,...

Section 5-103 - Venue - (a) The venue for administrative or judicial probate is in...

Section 5-104 - Order of Right to Letters - In granting letters in administrative or judicial probate, or in...

Section 5-105 - Restrictions on Right to Letters - (a) (1) In this section, “serious crime” means a crime...

Section 5-106 - Appointment - (a) (1) Subject to paragraph (2) of this subsection and...

Subtitle 2 - Commencement of Proceeding

Section 5-201 - Information to Be Furnished in Petition for Probate - (a) The petition for probate shall contain all knowledge or...

Section 5-202 - Explanation for Lack of Information in Petition - The petition shall state the reasons why any information required...

Section 5-203 - Request for Administrative or Judicial Probate - The petition shall indicate whether the petitioner elects administrative or...

Section 5-204 - Requests Respecting Bills - The petition shall contain, as appropriate, a request for one...

Section 5-205 - Requests Respecting Personal Representative - (a) The petition shall also contain a request for either...

Section 5-206 - Form of Petition - In a proceeding for administrative or judicial probate the petition...

Section 5-207 - Caveat Proceeding - (a) (1) Regardless of whether a petition for probate has...

Subtitle 3 - Administrative Probate

Section 5-301 - Nature of Proceeding - (a) Administrative probate is a proceeding instituted by the filing...

Section 5-302 - Action on Petition for Probate - (a) On a request for administrative probate contained in a...

Section 5-303 - Proof of Execution of Will - The register shall assume due execution of the will: (1)...

Section 5-304 - Finality of Action in Administrative Probate - (a) (1) Unless a timely request for judicial probate has...

Subtitle 4 - Judicial Probate

Section 5-401 - Nature of Proceeding - (a) Judicial probate is a proceeding instituted by: (1) The...

Section 5-402 - When Mandatory - A proceeding for judicial probate shall be instituted at any...

Section 5-403 - Notice of Request for Judicial Probate; Form - (a) (1) Notice that judicial probate has been requested shall...

Section 5-404 - Hearing; Witnesses - (a) (1) A hearing for judicial probate is a plenary...

Section 5-406 - Finality of Action in Judicial Probate - Except as provided in §§ 5–207 of this title and...

Section 5-407 - Subsequent Proceeding - A judicial probate may be reopened and a new proceeding...

Subtitle 5 - Foreign Personal Representative

Section 5-501 - Letters in Maryland Not Required - A foreign personal representative is not required to take out...

Section 5-502 - Powers of Foreign Personal Representative - (a) Any foreign personal representative may exercise in Maryland all...

Section 5-503 - Notice by Foreign Personal Representative; Claims Against Nonresident Decedents - (a) As used in this subtitle, “leasehold property” refers only...

Section 5-504 - Procedure for Fixing Inheritance Tax - (a) (1) A foreign personal representative administering an estate which...

Section 5-505 - Lien for Payment of Taxes - Until the foreign personal representative pays, or secures to the...

Section 5-506 - Order Directing Transfer of Title to Property - If a foreign personal representative fails within a reasonable time...

Subtitle 6 - Small Estates

Section 5-601 - Administration in Accordance With Subtitle - (a) If the property of the decedent subject to administration...

Section 5-602 - Petition for Administration - A petition for administration of a small estate may be...

Section 5-603 - Proceedings After Petition - (a) If the register finds that the petition and additional...

Section 5-604 - Bond, Compensation, Duties and Liability of Personal Representative - (a) (1) Unless bond is expressly excused by the will...

Section 5-605 - After-Discovered Property - (a) Property of the decedent discovered after the filing of...

Section 5-606 - Fees - (a) (1) (i) Except as provided in paragraph (2) of...

Section 5-607 - Applicability of Other Provisions of Article - Except to the extent inconsistent with the letter and the...

Section 5-608 - No Administration Required for Motor Vehicles or Boats - (a) If the only property owned by a decedent is...

Subtitle 7 - Modified Administration

Section 5-701 - Date of Appointment - In this subtitle, “date of appointment” means the date of...

Section 5-702 - Election for Modified Administration - An election for modified administration may be filed by a...

Section 5-703 - Extension of Time Periods - (a) The initial time periods for filing a final report...

Section 5-704 - Proceedings After Filing Election; After-Discovered Property - (a) After filing an election for modified administration, the personal...

Section 5-705 - Form of Election - An election for modified administration shall include: (1) A statement...

Section 5-706 - Notice of Consent - The consent required under § 5–702(5) of this subtitle shall...

Section 5-707 - Final Report - A final report under modified administration shall include: (1) A...

Section 5-708 - Revocation of Modified Administration - (a) A modified administration shall be revoked by the: (1)...

Section 5-709 - Closing of Estate - An estate under modified administration shall close not later than...

Section 5-710 - Applicability of Other Provisions of Article - Except to the extent inconsistent with this subtitle, all other...

Subtitle 8 - Admission of Copy of Executed Will

Section 5-801 - Petition for Admission of Copy of Executed Will - (a) An interested person may file a petition for the...

Section 5-802 - Filing of Petition - A petition for admission of a copy of a will...

Section 5-803 - Consent Form - The consent required under § 5–802 of this subtitle shall...

Section 5-804 - Order - The court may: (1) Without a hearing, issue an order...

Title 6 - The Personal Representative

Subtitle 1 - Appointment and Issuance of Letters; Duties and Powers

Section 6-101 - Conditions of Appointment - As a condition to a personal representative’s appointment, the personal...

Section 6-102 - Bond - (a) Subject to the provisions of subsections (b) and (c)...

Section 6-103 - Issuance and Content of Letters - (a) After appointment, letters shall be issued to the personal...

Section 6-104 - Form of Letters - Letters of administration shall be in substantially the following form:...

Section 6-105 - Time of Accrual of Duties and Powers; Ratification - (a) The duties and powers of a personal representative commence...

Subtitle 2 - Several Personal Representatives

Section 6-201 - Priority Among Different Letters - (a) A person to whom letters are first issued has...

Section 6-202 - Powers and Duties of Successor Personal Representative - A successor personal representative has the same powers and duties...

Section 6-203 - When Joint Action of Copersonal Representatives Required - (a) When two or more persons are appointed copersonal representatives,...

Section 6-204 - Powers of Surviving Copersonal Representative - Unless the will otherwise provides: (1) Every power exercisable by...

Subtitle 3 - Suspension and Termination of Powers

Section 6-301 - Suspension - On written application of an interested person, the court may...

Section 6-302 - Termination - The appointment of a personal representative shall be terminated in...

Section 6-303 - Effect of Termination - (a) Termination ends the right and power pertaining to the...

Section 6-304 - Duties of Personal Representative or Guardian of Deceased or Disabled Personal Representative - (a) The appointment of a personal representative shall be terminated...

Section 6-305 - Resignation - (a) A personal representative may resign the personal representative’s position...

Section 6-306 - Removal - (a) A personal representative shall be removed from office on...

Section 6-307 - Request for Judicial Probate - (a) (1) The appointment of a personal representative who has...

Section 6-308 - Compensation - (a) A personal representative whose appointment is terminated may receive...

Subtitle 4 - Special Administrator

Section 6-401 - Appointment; Qualifications - (a) On the filing of a petition by an interested...

Section 6-402 - Bond - The requirements for the filing of a bond, and all...

Section 6-403 - Powers and Duties - (a) A special administrator shall collect, manage, and preserve property...

Section 6-404 - Termination of Appointment - (a) The appointment of a special administrator terminates: (1) On...

Title 7 - Administration of the Estate

Subtitle 1 - Duties of Personal Representative; Notice of Appointment

Section 7-101 - Duties of Personal Representative Generally - (a) (1) A personal representative is: (i) A fiduciary; and...

Section 7-102 - Possession and Control of Estate - (a) A personal representative has a right to and shall...

Section 7-103 - Publication of Notice of Appointment; Form - (a) (1) After the appointment of a personal representative, the...

Section 7-103.1 - Notice to Creditors - (a) Promptly after appointment, the personal representative of a decedent’s...

Section 7-104 - Personal Notice to Heirs and Legatees - (a) Not later than 20 days after the appointment of...

Section 7-105 - Filing Revised and Corrected Documents - Whenever a personal representative discovers that a document previously filed...

Subtitle 2 - Inventory and Appraisal

Section 7-201 - Duty to Prepare and File Inventory - (a) Subject to the provisions of § 7–205 of this...

Section 7-202 - Appraisals - (a) (1) Subject to the provisions of this section, the...

Section 7-203 - Supplemental Inventory; Reappraisal - A personal representative shall make a supplemental inventory or appraisal...

Section 7-204 - Revision of Inventory - (a) At any time before an estate is closed, the...

Section 7-205 - Inventory of Successor Personal Representative - Within 3 months of the date of the appointment of...

Subtitle 3 - Accounting

Section 7-301 - Duty to Account - A personal representative shall file written accounts of the personal...

Section 7-302 - Initial Account - The initial account of the administration of the property of...

Section 7-303 - Subsequent Accounts - After an initial account has been rendered, subsequent accounts, whether...

Section 7-305 - When to Render Accounts - (a) Accounts shall be rendered by the personal representative: (1)...

Section 7-306 - Failure to Render Account - If a personal representative fails to render an account or...

Section 7-307 - Payment of Inheritance Tax - (a) (1) Inheritance taxes with respect to a distribution shall...

Subtitle 4 - Powers of Personal Representative

Section 7-401 - General Powers - (a) (1) In the performance of a personal representative’s duties...

Section 7-402 - Permission of Court to Act - (a) The personal representative may petition the court for permission...

Section 7-403 - Improper Exercise of Power; Breach of Fiduciary Duty - (a) If the exercise of power concerning the estate is...

Section 7-404 - Protection of Person Dealing With Personal Representative - (a) In the absence of actual knowledge or of reasonable...

Subtitle 5 - Notice to Interested Persons of Matters Filed

Section 7-501 - Notice of Filing of Account; Exceptions to Account - (a) Unless waived by the court for good cause shown,...

Section 7-502 - Proposed Payment to Personal Representative or Attorney - (a) (1) The personal representative shall give written notice in...

Subtitle 6 - Compensation and Expenses

Section 7-601 - Compensation of Personal Representative and Special Administrator - (a) (1) A personal representative or special administrator is entitled...

Section 7-602 - Compensation for Services of an Attorney - (a) An attorney is entitled to reasonable compensation for legal...

Section 7-603 - Expenses of Estate Litigation - (a) A personal representative or person nominated as personal representative...

Section 7-604 - Payment of Commissions - (a) Payment of commissions to personal representatives under § 7–601...

Title 8 - Claims of Creditors

Subtitle 1 - General

Section 8-101 - Claim Not Paid in Normal Course of Administration - (a) Except as provided in § 8–104 of this subtitle,...

Section 8-102 - Effect of Statute of Limitations - (a) Unless a contrary intent is expressly indicated in the...

Section 8-103 - Limitation on Presentation of Claim - (a) Except as otherwise expressly provided by statute with respect...

Section 8-104 - Manner of Presentation of Claim; Form - (a) Claims against an estate of a decedent may be...

Section 8-105 - Order of Payment - (a) If the applicable assets of the estate are insufficient...

Section 8-106 - Funeral Expenses - (a) In this section, “funeral expenses” includes the costs of...

Section 8-107 - Allowance of Claim - (a) If a personal representative intends to disallow, in whole...

Section 8-108 - Payment of Claim - (a) (1) On the expiration of 6 months from the...

Section 8-109 - Liability of Personal Representative - (a) The individual liability of a personal representative to third...

Section 8-110 - Claim Not Yet Due - (a) On proof of an unsecured claim that will become...

Section 8-111 - Secured Claim - (a) (1) Payment of a secured claim shall be on...

Section 8-112 - Contingent Claim - (a) (1) If a contingent claim becomes absolute before the...

Section 8-113 - Counterclaim - In allowing a claim the personal representative may deduct a...

Section 8-114 - Execution and Levy Prohibited - (a) An execution or a levy may not issue nor...

Section 8-115 - Exemption of Proceeds of Life Insurance and Other Benefits - The proceeds of a life insurance policy, annuity contract, or...

Title 9 - Special Provisions Relating to Distribution

Subtitle 1 - General

Section 9-102 - Renunciation by Testamentary Trustee - (a) A trustee appointed by will to execute a trust...

Section 9-103 - Order in Which Assets Appropriated; Abatement - (a) In this section, “legacy” or “legacies” does not include...

Section 9-104 - Distribution in Kind - (a) Subject to the terms of the will and the...

Section 9-105 - Execution and Delivery of Evidence of Title - (a) When distribution in kind is made, the personal representative...

Section 9-106 - Effect of Distribution - (a) With the exception that the personal representative shall recover...

Section 9-107 - Partition for Purpose of Distribution - (a) (1) When two or more heirs or legatees are...

Section 9-108 - Where Legatee Not Found, or Resides Outside United States - (a) The personal representative shall pay over or transfer the...

Section 9-109 - Distribution to Minor - (a) (1) Whenever money is distributable by a personal representative...

Section 9-111 - Release - On making a distribution, a personal representative may, but is...

Section 9-112 - Distribution by Court - (a) (1) If the personal representative cannot obtain agreement from...

Subtitle 2 - Maryland Uniform Disclaimer of Property Interests Act

Section 9-201 - Definitions - (a) In this subtitle the following words have the meanings...

Section 9-202 - Disclaimer in General - (a) (1) A person may disclaim in whole or in...

Section 9-203 - Effect of Disclaimer - (a) Except for a disclaimer under § 9-204 or §...

Section 9-204 - Joint Holders - (a) On the death of a holder of jointly held...

Section 9-205 - Disclaimer by Trustees - If a trustee disclaims an interest in property that otherwise...

Section 9-206 - Holder Disclaiming Power of Appointment or Other Non-Fiduciary Power - If a holder disclaims a power of appointment or other...

Section 9-207 - Disclaimer by Appointee of Power of Appointment or by Object or Taker in Default - (a) A disclaimer of an interest in property by an...

Section 9-208 - Fiduciaries -- Time of Taking Effect; Effectiveness as to Other Fiduciaries - (a) If a fiduciary disclaims a power held in a...

Section 9-209 - Delivery and Effectiveness - (a) Subject to subsections (b) through (k) of this section,...

Section 9-210 - When Barred - (a) A disclaimer is barred by a written waiver of...

Section 9-211 - Effect of Federal Laws and Regulations - If as a result of a disclaimer or transfer the...

Section 9-212 - Filing, Recording, Registering - (a) If an instrument transferring an interest in or power...

Section 9-213 - Unexercised Disclaimers Under Former Provisions - Except as otherwise provided in § 9-210 of this subtitle,...

Section 9-214 - Severability - If any provision of this subtitle or its application to...

Section 9-215 - Rights Under Other Statutes Not Affected - This subtitle does not abridge the right of a person...

Section 9-216 - Short Title - This subtitle may be cited as the “Maryland Uniform Disclaimer...

Title 10 - Closing Estates

Subtitle 1 - General

Section 10-101 - Effect of Final Approval of Final Account - (a) (1) The final approval of the final account automatically...

Section 10-102 - Liability of Heir or Legatee to Creditor - (a) After an estate has been closed, a claim not...

Section 10-103 - Limitations - (a) (1) If no action or proceeding involving the personal...

Section 10-104 - Subsequent Administration - (a) Except as provided in subsection (c) of this section,...

Section 10-105 - Confirmatory Acts - Nothing in this subtitle affects the authority of a personal...

Title 11 - Miscellaneous Rules

Subtitle 1 - General

Section 11-101 - Indestructibility of Contingent Remainders - (a) Any contingent remainder arising under any will or inter...

Section 11-102 - Rule Against Perpetuities -- Exceptions - (a) In this section, “usufructuary” means a person having a...

Section 11-102.1 - Rule Against Perpetuities -- Nondonative Property - (a) (1) In this section the following words have the...

Section 11-103 - Rule Against Perpetuities -- Limitations on Application - (a) (1) In applying the rule against perpetuities to an...

Section 11-104 - Rule in Shelley's Case Abolished - Whenever by any form of words in any will or...

Section 11-105 - Death Benefits Payable to Trusts - (a) As used in this section, the words “death benefits”...

Section 11-106 - Election by Fiduciary Where Gift Qualifies for Marital Deduction; Marital Deduction Formula Clauses - (a) Unless otherwise expressly provided by a will or other...

Section 11-107 - Distribution in Kind, Using Federal Estate Tax Values - Whenever a will or other governing instrument: (1) Specifically authorizes...

Section 11-108 - Release of Powers of Appointment - (a) (1) Unless the instrument creating a power of appointment...

Section 11-109 - Right to Estate - (a) A conviction or attainder does not work corruption of...

Section 11-110 - Construction of References in Will or Trust to Federal Estate Tax or Generation-Skipping Transfer Tax - (a) (1) A will or trust of a decedent who...

Section 11-111 - Disqualification for Conviction of Unlawfully Obtaining Property - (a) A person convicted of unlawfully obtaining property from a...

Section 11-112 - Treatment of Disqualified Persons - (a) In this section, “disqualified person” means a person who...

Section 11-113 - Posthumously Conceived Child - (a) If a decedent consented in a written record to...

Section 11-114 - Prohibited Appointments as Guardian of Minor or Disabled Person - (a) Unless good cause is shown for the appointment, a...

Title 12 - Effective Date and Applicability

Subtitle 1 - Effective Date and Application

Section 12-101 - Effective Date - The estates of decedents law takes effect at 12:01 a.m....

Section 12-102 - Applicability - (a) Unless otherwise specifically provided in another section of the...

Section 12-103 - Prior Laws - Except as otherwise provided in this title: (1) The administration...

Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults

Subtitle 1 - General Provisions

Section 13-101 - Definitions - (a) In this title the following words have the meanings...

Section 13-102 - Purposes and Construction - (a) The purposes of this title are: (1) To simplify...

Section 13-103 - Verification - For the purposes of this title, verification is sufficient if...

Section 13-104 - Notice - For the purposes of this title, notice is sufficient if...

Section 13-105 - Jurisdiction - (a) (1) The orphans’ courts and the circuit courts have...

Section 13-106 - Orphans' Court - (a) An orphans’ court has full power to secure the...

Section 13-107 - Register of Wills - If appropriate to proceedings under this title, the powers and...

Subtitle 2 - Protection of Property

Section 13-201 - Appointment of Guardian - (a) On petition, and after any notice or hearing prescribed...

Section 13-202 - Venue - Venue in proceedings under this subtitle shall be as provided...

Section 13-203 - Preservation and Application of Property - (a) (1) While a petition for appointment of a guardian...

Section 13-204 - Authorization of Specific Transaction Without Appointment of Guardian - (a) (1) If a basis exists as described in §...

Section 13-205 - Effect of Adjudication - An adjudication under this subtitle shall have no bearing on...

Section 13-206 - Guardian Generally - (a) Subject to the provisions of § 13-207 of this...

Section 13-207 - Persons Entitled to Appointment as Guardian - (a) Persons are entitled to appointment as guardian for a...

Section 13-208 - Bond of Guardian - (a) Where the instrument nominating a guardian excuses a noncorporate...

Section 13-209 - Inventory and Accounting - Inventory and accounting in proceedings under this subtitle shall be...

Section 13-209.1 - Form and Limits of Guardianship Accounts - (a) (1) Subject to paragraph (2) of this subsection, a...

Section 13-210 - Petition for Orders Granting Relief - (a) An interested person may file a petition for an...

Section 13-211 - Procedure in Protective Proceedings - (a) There shall be no jury trial in protective proceedings....

Section 13-212 - Degree of Care and Skill of Guardian - A guardian shall exercise the care and skill of a...

Section 13-213 - Powers - All the provisions of § 15–102 of this article with...

Section 13-214 - Powers and Duties of Guardian in Distribution - (a) In this section, “family member” means a child, a...

Section 13-215 - Limitation of Powers of Guardian Imposed by Will or Court - (a) Any limitation on the powers of a guardian contained...

Section 13-216 - Liability for Breach of Fiduciary Duties; Rights of Purchasers - (a) If the exercise of a power is improper, the...

Section 13-217 - Recording - (a) (1) Letters of guardianship may be recorded in the...

Section 13-218 - Compensation and Expenses of Guardian - (a) (1) Except in unusual circumstances and as provided in...

Section 13-219 - Protection of Person Dealing With Guardian - (a) In the absence of actual knowledge or of reasonable...

Section 13-220 - Termination of Appointment of Guardian - (a) The appointment of a guardian terminates when the guardianship...

Section 13-221 - Judicial Proceedings for Termination - (a) The minor or disabled person, the minor’s or disabled...

Section 13-222 - Powers of Foreign Fiduciaries - (a) (1) A guardian, conservator, committee, or other similar fiduciary,...

Subtitle 3 - Maryland Uniform Transfers to Minors Act

Section 13-301 - Estates and Trusts - (a) In this subtitle the following words have the meanings...

Section 13-302 - Law Governing - (a) This subtitle applies to a transfer that refers to...

Section 13-303 - Contingent Transfers - (a) A person having the right to designate the recipient...

Section 13-304 - Irrevocable Transfer to Custodian by Individual - A person may make a transfer by irrevocable gift to,...

Section 13-305 - Irrevocable Transfer by Personal Representative or Trustee - (a) A personal representative or trustee may make an irrevocable...

Section 13-306 - Irrevocable Transfer by Personal Representative or Trustee -- in Absence of Express Authority - (a) Subject to subsection (c) of this section, a personal...

Section 13-307 - Irrevocable Transfer by Other Persons Holding Property or Owing Debt to Minor - (a) Subject to subsections (b) and (c) of this section,...

Section 13-308 - Receipt and Discharge - A written acknowledgment of delivery by a custodian constitutes a...

Section 13-309 - Creation of Custodial Property; When Transfer Made - (a) Custodial property is created and a transfer is made...

Section 13-310 - Nature of Custodianship - (a) Subject to subsection (c) of this section, a transfer...

Section 13-311 - Effect of Transfer - (a) The validity of a transfer made in a manner...

Section 13-312 - Duties and Powers of Custodian - (a) A custodian shall: (1) Take control of custodial property;...

Section 13-313 - Rights of Custodian; Liability - (a) A custodian, acting in a custodial capacity, has all...

Section 13-314 - Delivery or Payment to Minor or for Minor's Use and Benefit - (a) In this section, “disabled” has the meaning stated in...

Section 13-315 - Compensation of Custodian; Bond - (a) A custodian is entitled to reimbursement from custodial property...

Section 13-316 - Liability of Third Persons Dealing With Custodian - A third person in good faith and without court order...

Section 13-317 - Claims Against Custodial Property - (a) A claim based on any of the following may...

Section 13-318 - Refusal of Nomination; Designation of Successor; Resignation; Lapse of Custodian; Removal - (a) (1) A person nominated under § 13-303 of this...

Section 13-319 - Accounting - (a) A minor who has attained the age of 14...

Section 13-320 - Transfer of Property to Minor - The custodian shall transfer in an appropriate manner the custodial...

Section 13-321 - Applicability of Subtitle - This subtitle applies to a transfer within the scope of...

Section 13-322 - Validation of Prior Transfers - (a) Any transfer of custodial property as now defined in...

Section 13-323 - Construction of Subtitle - (a) This subtitle shall be applied and construed to effectuate...

Section 13-323.1 - Award of Reasonable and Necessary Expenses for Prosecuting or Defending Proceeding - (a) In this section, “reasonable and necessary expense” includes: (1)...

Section 13-324 - Short Title - This subtitle may be cited as the “Maryland Uniform Transfers...

Subtitle 4 - Recovery by Minor in Tort

Section 13-401 - Definitions - (a) In this subtitle the following words have the meanings...

Section 13-402 - Statement of Policy - It is public policy of the State that any substantial...

Section 13-403 - Appointment of Trustee or Guardian for Minor - (a) Unless a court appoints a guardian of the property...

Section 13-404 - Bond Not Required; Deposit or Investment of Proceeds of Appointing Check - (a) The trustee need not give bond. (b) (1) A...

Section 13-405 - Court Order Required for Withdrawal - (a) Except on the order of a circuit court, the...

Section 13-406 - Petition to Court for Withdrawal - (a) A trustee shall file a petition for withdrawal of...

Section 13-407 - Trustee Not Required to File Accounts - The trustee provided for in this subtitle need not file...

Subtitle 5 - Miscellaneous Provisions Relating to Minors

Section 13-501 - Payment or Delivery of Money or Chattels - (a) (1) Any person, including but not limited to a...

Section 13-502 - Deposit of Money Distributable From Trust, Estate, or Other Source - (a) If money is distributable from a trust or estate...

Section 13-503 - Powers Exercisable Directly by Minors - (a) (1) A minor who holds title to property as...

Section 13-504 - Release of Financial Institution - The receipt or acquittance of any minor who is the...

Subtitle 6 - Financial Exploitation of Susceptible Adults and Older Adults

Section 13-601 - Definitions - (a) In this subtitle the following words have the meanings...

Section 13-602 - Purposes of Subtitle - The purposes of this subtitle are to: (1) Establish a...

Section 13-603 - Subtitle Inapplicable to Actions Taken by Certain Entities - This subtitle does not apply to an act taken by:...

Section 13-604 - Actions Brought for Financial Exploitation of Susceptible Adult or Older Adult - A susceptible adult or older adult who has been subjected...

Section 13-605 - Actions Brought by Susceptible Adults or Older Adults or by Certain Individuals in Representative Capacities -- Action Additional to Other Claims and Survives Death of Aggrieved Party - (a) An action may be brought under this subtitle by...

Section 13-606 - Award of Damages -- Monetary Damages and Additional Appropriate Relief -- Reasonable Attorney's Fees -- Actions Brought Inbad Faith or of a Frivolous Nature - (a) (1) A plaintiff in an action brought under this...

Section 13-607 - Time Limitation to File Action -- Criminal Prosecution Time Period Excepted - (a) Except as provided in subsection (b) of this section,...

Section 13-608 - Liberal Purpose and Construction in Application of Subtitle - (a) This subtitle shall be construed and applied liberally to...

Section 13-609 - Liberal Purpose and Construction in Application of Subtitle - This subtitle may be cited as the Maryland Statute Against...

Subtitle 7 - Guardian of the Person

Part I - Minors

Section 13-701 - Testamentary Appointment of Guardian of a Minor - (a) Unless prohibited by agreement or court order, the surviving...

Section 13-702 - Court Appointment of Guardian of a Minor or Representative of Minor Crime Victim - (a) (1) If neither parent is serving as guardian of...

Section 13-703 - Bond; Accounting; Compensation - (a) The guardian of the person of a minor may...

Part II - Disabled Persons

Section 13-704 - Authority of Court - (a) The court may: (1) Superintend and direct the care...

Section 13-705 - Appointment of Guardian of Disabled Person - (a) On petition and after any notice or hearing prescribed...

Section 13-706 - Effect of Adjudication of Disability and Appointment of Guardian - (a) An adjudication of a disability for purposes of appointing...

Section 13-707 - Persons Entitled to Appointment - (a) Persons are entitled to appointment as guardian of the...

Section 13-708 - Rights, Duties, and Powers of Guardian - (a) (1) The court may grant to a guardian of...

Section 13-709 - Emergency Protective Services - (a) (1) A law enforcement officer shall transport an adult...

Section 13-710 - Immunity From Civil Liability or Criminal Penalty - (a) Any person filing a petition, participating in the making...

Part III - Life-Sustaining Procedures

Section 13-711 - Definitions - (a) In this Part III of this subtitle the following...

Section 13-712 - Substituted Judgment; Evidence - (a) The court may approve a request for the withholding...

Section 13-713 - Best Interest of a Disabled Person - (a) If the court is unable to make a substituted...

Subtitle 8 - Guardianship of Veterans

Section 13-801 - Administrator of Veterans Affairs as Interested Person - (a) The Secretary of Veterans Affairs shall be an interested...

Section 13-802 - Evidence of Necessity for Appointment - If a petition is filed for the appointment of a...

Section 13-803 - Bond of Guardian - (a) The court, on the request of the U.S. Department...

Section 13-804 - Accounting - (a) Every guardian of a beneficiary who is receiving benefits...

Section 13-805 - Investments - (a) Every guardian of a U.S. Department of Veterans Affairs...

Section 13-806 - Limitation Upon Compensation - No commission or compensation may be allowed a guardian of...

Subtitle 9 - Standby Guardian

Section 13-901 - Definitions - (a) In this subtitle the following words have the meanings...

Section 13-902 - Applicability of Title - Except as otherwise provided in this subtitle, the provisions of...

Section 13-903 - Judicial Appointment - (a) (1) Subject to the provisions of paragraphs (2) and...

Section 13-904 - Parental Designation - (a) (1) A parent may designate a standby guardian by...

Section 13-905 - Additional Methods for Filing for Appointment - A standby guardian may also file a petition for appointment...

Section 13-906 - Determination of Incapacity or Debilitation - (a) (1) A determination of incapacity or debilitation under this...

Section 13-907 - Parental Rights; Limitation on Authority of Standby Guardian - (a) A standby guardian’s authority under this subtitle may not,...

Section 13-908 - Bonds - The furnishing of a bond by a standby guardian shall...

Title 13.5 - Maryland Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act

Subtitle 1 - General Provisions

Section 13.5-101 - Definitions - (a) In this title the following words have the meanings...

Section 13.5-102 - Foreign Countries - (a) Subject to subsection (b) of this section, a court...

Section 13.5-103 - Communications Between Maryland Court and Court of Another State - (a) (1) A court of this State may communicate with...

Section 13.5-104 - Interstate Proceedings - (a) In a guardianship or protective proceeding in this State,...

Section 13.5-105 - Witnesses - (a) (1) In a guardianship proceeding or protective proceeding, in...

Subtitle 2 - Jurisdiction

Section 13.5-201 - In General - A court of this State has jurisdiction to appoint a...

Section 13.5-202 - Powers of Court Lacking Jurisdiction - (a) A court of this State lacking jurisdiction under §...

Section 13.5-203 - Exclusive and Continuing Jurisdiction - Except as otherwise provided in § 13.5–202 of this subtitle,...

Section 13.5-204 - Jurisdiction Declined -- in General - (a) A court of this State having jurisdiction under §...

Section 13.5-205 - Jurisdiction Declined -- Unjustifiable Conduct - (a) If at any time a court of this State...

Section 13.5-206 - Notice Requirements - (a) If a petition for the appointment of a guardian...

Section 13.5-207 - Procedure When Petitions Filed in More Than One State - Except for a petition for the appointment of a guardian...

Subtitle 3 - Transfer of Guardianship or Conservatorship to Another State

Section 13.5-301 - Procedure to Transfer Guardianship or Conservatorship to Another State - (a) Following the appointment of a guardian or conservator, the...

Section 13.5-302 - Procedure to Transfer Conservatorship or Guardianship to Maryland - (a) (1) On issuance of a provisional order in another...

Subtitle 4 - Registration and Recognition of Orders From Other States

Section 13.5-401 - Registration of Out-of-State Guardian - If a guardian has not been appointed in this State...

Section 13.5-402 - Registration of Out-of-State Conservator - If a conservator has not been appointed in this State...

Section 13.5-403 - Effect of Registration - (a) On registration of a guardianship or protective order from...

Subtitle 5 - Miscellaneous Provisions

Section 13.5-501 - Application and Construction of Title - In applying and construing this title, which is a uniform...

Section 13.5-502 - Construction With Federal Law - This title modifies, limits, and supersedes the federal Electronic Signatures...

Section 13.5-503 - Effective Date - This title applies to guardianship and protective proceedings beginning on...

Section 13.5-504 - Short Title - This title may be cited as the Maryland Uniform Adult...

Title 14 - Trusts

Subtitle 3 - Charitable Trusts

Section 14-301 - General Enforcement - (a) Courts of equity have full jurisdiction to enforce trusts...

Section 14-302 - Maryland Uniform Charitable Trusts Administration Act - (a) A court of equity, on application of any trustee,...

Section 14-303 - Prohibited Acts - (a) In the administration of any trust which is a...

Section 14-304 - Amendment of Instrument to Conform to Internal Revenue Code - (a) Notwithstanding any provisions to the contrary in the governing...

Section 14-305 - Distributions - In the administration of any trust which is a “private...

Section 14-306 - Judicial Determination Concerning Application of 14-303 and 14-305 - The provisions of §§ 14-303 and 14-305 of this subtitle...

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Maryland Statutes
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