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§ 1-103. Service of notice; waiver

West's Annotated Code of MarylandEstates and TrustsEffective: October 1, 2019

West's Annotated Code of Maryland
Estates and Trusts (Refs & Annos)
Title 1. Estates of Decedents--General Provisions (Refs & Annos)
Subtitle 1. Definitions and Use of Terms; Purposes of Titles 1-12 (Refs & Annos)
Effective: October 1, 2019
MD Code, Estates and Trusts, § 1-103
§ 1-103. Service of notice; waiver
Sufficiency of first notice
(a)(1) Unless personal service or some other method of notice is expressly required in this article or by the Maryland Rules, the first notice required to be given a person is sufficient if deposited as first-class mail, postage prepaid, addressed to the addressee at the address last known to the sender.
(2) At the expense of the estate, the orphans' court may require or the personal representative may elect to have the first notice given by restricted delivery mail, postage prepaid, return receipt requested, addressed to the addressee at the address last known to the sender, with delivery restricted to the addressee.
Sufficiency of subsequent notice
(b) A subsequent notice is sufficient if deposited as first-class mail, postage prepaid, addressed to the same address at which the first notice was received or, after notice in writing from the addressee of a change of address, to his new address.
Failure to receive return receipt
(c) If no return receipt is received apparently signed by the addressee, and there is no proof of actual notice, no action taken in a proceeding may prejudice the rights of the person entitled to notice unless proof is made by verified writing to the satisfaction of the court or register that reasonable efforts to locate the addressee and warn him of the pendency of the action have been made.
Notice sent to minors or disabled persons
(d) If the person to whom notice is sent is a minor or disabled person, and the minority or disability was not known to the sender at the time of the first notice, but was later discovered, any subsequent notice shall be sent to the judicially appointed guardian, if any, or, if none, the parent of the minor or disabled person, or other person who has assumed responsibility for the minor or disabled person.
Waiver of notice
(e)(1) A person, including a guardian or a guardian ad litem, may waive notice by a writing signed by the person or the person's attorney and filed in the proceeding.
(2) A personal representative is not required to give notice to himself or herself.

Credits

Added by Acts 1974, c. 11, § 2, eff. July 1, 1974. Amended by Acts 1977, c. 153; Acts 1996, c. 417, § 1, eff. July 1, 1996; Acts 2019, c. 197, § 1, eff. Oct. 1, 2019.
Formerly Art. 93, § 1-103.
MD Code, Estates and Trusts, § 1-103, MD EST & TRST § 1-103
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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