(a) On Court's Initiative. The court that has already assumed jurisdiction over the guardianship or estate may order a fiduciary to show cause why the fiduciary should not be removed or be subject to other sanctions for failure to perform the duties of that office.(b) On Petition of Interested Persons. An interested person may file a petition to remove a fiduciary. The petition shall state the reasons why the fiduciary should be removed.(c) Venue.(1)Guardianships of the Property. The petition shall be filed in the court that has already assumed jurisdiction or, if jurisdiction has not been assumed, pursuant to Rule 10-301(c).(2)Other Fiduciary Proceedings. The petition shall be filed in the court that has already assumed jurisdiction or, if jurisdiction has not been assumed, in the county in which the property is situated, or where the fiduciary resides, is regularly employed, or maintains a place of business.(d) Notice and Hearing. The court shall issue a show cause order pursuant to Rule 10-104 which shall set a hearing date. If no petition for removal has been filed, the show cause order shall state the grounds asserted by the court for the removal. The order and a copy of any petition shall be served on the fiduciary, the surety on any bond of the fiduciary, all interested persons, and any other persons as directed by the court. The court shall conduct a hearing for the purpose of determining whether the fiduciary should be removed.(e) Action by Court. If the court finds grounds for removal, it may remove the fiduciary and appoint a substituted or successor fiduciary as provided in Rule 10-711. Pending the appointment of the fiduciary, the court may appoint a temporary fiduciary.Cross reference: As to the grounds for removal of a fiduciary, see Code, Estates and Trusts Article, § 15-112.
(f) Final Accounting and Delivery of Property. Upon the appointment of a substituted or successor fiduciary, the removed fiduciary shall, within the time period specified by the Court,(1) file an accounting, pursuant to section (f) of Rule 10-710; and(2) deliver any property of the fiduciary estate to the substituted or successor fiduciary.(g) Other Sanctions. In addition to or in lieu of removal, the court may disallow any commissions from the time the court finds that the default began, require the fiduciary to perform the neglected duties, and impose any other appropriate sanctions.Md. R. Guard. & Fid. 10-712
This Rule is derived as follows:
Section (a) is in part derived from former Rules V84 d and V74 e 1 (a) and is in part new.
Section (b) is in part derived from former Rule V84 d 1 and d 2 and is in part new.
Section (c):
Subsection (1) is derived from former Rule R72 a and b.
Subsection (2) is derived from former Rule V84 c.
Section (d) is in part derived from former Rules V74 e 1 (a) and V84 e, and is in part new.
Section (e) is new.
Section (f) is derived from former Rule V84 f.
Section (g) is in part derived from former Rule V74 e 2 and is in part new.
Adopted June 5, 1996, eff. 1/1/1997. Amended Sept. 17, 2015, eff. 1/1/2016.HISTORICAL NOTES
2015 Orders
The September 17, 2015, order, changed an internal reference.
Derivation:
Maryland Rule of Procedure R72, revised eff. Feb. 2, 1970, amended eff. July 1, 1974; amended Nov. 5, 1976, eff. Jan. 1, 1977, related to venue, rescinded June 5, 1996, eff. Jan. 1, 1997.
Maryland Rule of Procedure V74, revised eff. Feb. 2, 1970, amended eff. July 1, 1974, related to inventory and accounting, rescinded June 5, 1996, eff. Jan. 1, 1997.
Maryland Rule of Procedure V84, revised eff. Feb. 2, 1970, amended eff. July 1, 1974, related to removal for cause, rescinded June 5, 1996, eff. Jan. 1, 1997.
Cross reference: As to the grounds for removal of a fiduciary, see Code, Estates and Trusts Article, § 15-112.