Maryland Statutes
Subtitle 7 - Modified Administration
Section 5-702 - Election for Modified Administration

An election for modified administration may be filed by a personal representative of an estate within 3 months from the date of appointment, if:
        (1)    All residuary legatees of a testate decedent and the heirs at law of an intestate decedent are limited to:
            (i)    The decedent’s personal representative;
            (ii)    Individuals or entities exempt from inheritance tax in the decedent’s estate under § 7–203(b), (e), and (f) of the Tax – General Article; and
            (iii)    Trusts under which each person who has a current interest in the trust is an individual or entity exempt from inheritance tax in the decedent’s estate under § 7–203(b), (e), and (f) of the Tax – General Article;
        (2)    The estate is solvent and sufficient assets exist to satisfy all testamentary gifts;
        (3)    A verified final report under modified administration is filed within 10 months from the date of appointment;
        (4)    Final distribution of the estate can occur within 12 months from the date of appointment; and
        (5)    All residuary legatees of a testate decedent and the heirs at law of an intestate decedent consent to a modified administration as required under § 5–706 of this subtitle.

Structure Maryland Statutes