Maryland Estates and Trusts Section 5-702

Article - Estates and Trusts

§ 5-702.

      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 the:

                  (i)      Decedent's personal representative; and

                  (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;

            (2)      All trustees of each trust that is a residuary legatee are limited to the decedent's:

                  (i)      Personal representative;

                  (ii)      Surviving spouse; and

                  (iii)      Children;

            (3)      The estate is solvent and sufficient assets exist to satisfy all testamentary gifts;

            (4)      A verified final report under modified administration is filed within 10 months from the date of appointment;

            (5)      Final distribution of the estate can occur within 12 months from the date of appointment; and

            (6)      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.



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