Md. R. Estate Settlem. 6-451

As amended through November 13, 2024

Rule 6-451 - Resignation of Personal Representative

(a) Notice. A personal representative who wishes to resign before the approval of the final account shall file with the register a statement of resignation and a certificate that a notice of intention to resign was served on all interested persons at least 20 days prior to the filing of the statement.

(b) Successor. If no one applies for appointment as successor personal representative or special administrator before the filing of the statement of resignation and an appointment is not made within the 20-day period, the resigning personal representative may apply to the court for appointment of a successor.

(c) Account of Resigning Personal Representative. Upon appointment of a successor personal representative or special administrator, the court shall order the resigning personal representative to (1) file an account with the court and deliver the property of the estate to the successor personal representative or special administrator or (2) comply with Rule 6-417(c). The resignation is effective upon appointment of the successor or special administrator.

(d) Inventory of Successor Personal Representative. Within three months after appointment, a successor personal representative shall file either a new inventory to replace the one filed by the predecessor personal representative or a written consent to be answerable for the items as listed and valued in the inventory or retained in the most recent account filed by the predecessor.

(e) Resignation of Co-Personal Representative. A co-personal representative may resign by filing with the register a statement of resignation and a certificate that a notice of intention to resign was served on all interested persons at least 20 days prior to the filing of the statement.

Md. R. Estate Settlem. 6-451

Adopted June 28, 1990, eff. 1/1/1991. Amended Dec. 4, 2007, eff. 1/1/2008

HISTORICAL NOTES

2007 Orders

The December 4, 2007, order, in sec. (b), added ''and an appointment is not made within the 20-day period''.

Code, Estates and Trusts Article, §§ 6-303, 6-305, 7-301, and 7-305.