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RULE 6-122. PETITIONS

West's Annotated Code of MarylandMaryland RulesEffective: [See Text Amendments] to June 30, 2024

West's Annotated Code of Maryland
Maryland Rules
Title 6. Settlement of Decedents' Estates
Chapter 100. General Provisions
Effective: [See Text Amendments] to June 30, 2024
MD Rules, Rule 6-122
RULE 6-122. PETITIONS
<Text of Rule 6-122 effective until June 30, 2024. See, also, Rule 6-122 effective July 1, 2024.>
(a) Initial Petition. The Initial Petition shall be substantially in the following form:
IN THE ORPHANS' COURT FOR
(OR)
 
, MARYLAND
BEFORE THE REGISTER
OF WILLS FOR
IN THE ESTATE OF:
 
ESTATE NO:
 
FOR:
[ ]
REGULAR ESTATE PETITION FOR ADMINISTRATION Estate value in excess of $50,000. (If spouse is sole heir or legatee, $100,000.) Complete and attach Schedule A.
[ ]
SMALL ESTATE PETITION FOR ADMINISTRATION Estate value of $50,000 or less. (If spouse is sole heir or legatee, $100,000.) Complete and attach Schedule B.
[ ]
WILL OF NO ESTATE Complete items 2 and 9
[ ]
LIMITED ORDERS Complete item 2 and attach Schedule C
NOTE: For the purpose of computing whether an estate qualifies as a small estate, value is determined by the fair market value of property less debts of record secured by the property as of the date of death, to the extent that insurance benefits are not payable to the lien holder or secured party for the secured debt. See Code, Estates and Trusts Article, § 5-601 (d).
The petition of:
 
 
Name
 
Address
 
 
Name
 
Address
 
 
Name
 
Address
Each of us states:
1. I am (a) at least 18 years of age and either a citizen of the United States or a permanent resident of the United States who is the spouse of the decedent, an ancestor of the decedent, a descendant of the decedent, or a sibling of the decedent or (b) a trust company or any other corporation authorized by law to act as a personal representative.
2. The Decedent,
 
,
was domiciled in
 
,
(county)
State of _________________________ and died on the __________ day of __________, __________, at
 
.
(place of death).
3. If the decedent was not domiciled in this county at the time of death, this is the proper office in which to file this petition because: __________.
4. I am entitled to priority of appointment as personal representative of the decedent's estate pursuant to § 5-104 of the Estates and Trusts Article, Annotated Code of Maryland because: __________.
5. I am mentally competent.
6. I am not a disqualified person because of feloniously and intentionally killing, conspiring to kill, or procuring the killing of the decedent.
Committee note: Code, Estates and Trusts Article, § 11-112 provides that a disqualified person may not serve as a personal representative.
7. (Check one of the following boxes)
[ ] I have not been convicted of fraud, extortion, embezzlement, forgery, perjury, theft or any other serious crime that reflects adversely on my honesty, trustworthiness, or fitness to perform the duties of a personal representative or
[ ] I was convicted of such a crime, namely
__________
, in
 
,
(year)
but the following good cause exists for me to be appointed as personal representative
 
.
Committee note: Code, Estates and Trusts Article, § 5-105 provides that letters of administration may not be granted to someone who has been convicted of certain serious crimes, unless the person shows good cause for the granting of letters.
8. I am not excluded otherwise by law from serving as a personal representative.
9. I have made a diligent search for the decedent's will and to the best of my knowledge:
[ ] none exists; or
[ ] the will dated __________ (including codicils, if any, dated __________ )
accompanying this petition is the last will and it came into my hands in the following manner: __________ and the names and last known addresses of the witnesses are:
 
 
 
 
 
 
10. Other proceedings, known to petitioner, regarding the decedent or the estate are as follows:
 
11. If appointed, I accept the duties of the office of personal representative and consent to personal jurisdiction in any action brought in this State against me as personal representative or arising out of the duties of the office of personal representative.
WHEREFORE, I request appointment as personal representative of the decedent's estate and the following relief as indicated:
[ ] that the will and codicils, if any, be admitted to administrative probate;
[ ] that the will and codicils, if any, be admitted to judicial probate;
[ ] that the will and codicils, if any, be filed only;
[ ] that only a limited order be issued;
[ ] that the following additional relief be granted:
 
I solemnly affirm under the penalties of perjury that the contents of this document are true to the best of my knowledge, information, and belief.
 
 
Attorney
Petitioner
Date
 
 
Address
Petitioner
Date
 
 
Petitioner
Date
 
 
Telephone Number
Telephone Number (optional)
 
 
Facsimile Number
 
 
E-mail Address
IN THE ORPHANS' COURT FOR
(OR)
 
, MARYLAND
BEFORE THE REGISTER
OF WILLS FOR
IN THE ESTATE OF:
 
ESTATE NO.
 
SCHEDULE--A
Regular Estate
Estimated Value of Estate and Unsecured Debts
Personal property (approximate value)
 
$
 
Real property (approximate value)
 
$
 
Value of property subject to:
(a)
Direct Inheritance Tax of
______
%
 
$
 
(b)
Collateral Inheritance Tax of
______
%
 
$
 
Unsecured Debts (approximate amount)
 
$
 
 
 
Attorney
Petitioner
Date
 
 
Address
Petitioner
Date
 
 
Petitioner
Date
 
 
Telephone Number
Telephone Number (optional)
 
 
Facsimile Number
 
 
E-mail Address
 
(FOR REGISTER'S USE)
Safekeeping Wills
 
Custody Wills
 
Bond Set $
 
Deputy
 
IN THE ORPHANS' COURT FOR
(OR)
 
, MARYLAND
BEFORE THE REGISTER
OF WILLS FOR
IN THE ESTATE OF:
 
ESTATE NO.
 
SCHEDULE--B
Small Estate--Assets and Debts of the Decedent
1. I have made a diligent search to discover all property and debts of the decedent and set forth below are:
(a) A listing of all real and personal property owned by the decedent, individually or as tenant in common, and of any other property to which the decedent or estate would be entitled, including descriptions, values, and how the values were determined:
 
 
 
(b) A listing of all creditors and claimants and the amounts claimed, including secured, contingent and disputed claims:
 
 
2. Allowable funeral expenses are $ __________; statutory family allowances are $ __________; and expenses of administration claimed are $ __________.
3. Attached is a List of Interested Persons.
4. After the time for filing claims has expired, subject to the statutory order of priorities, and subject to the resolution of disputed claims by the parties or the court, I shall (a) pay all proper claims made pursuant to Code, Estates and Trusts Article, § 8-104 in the order of priority set forth in Code, Estates and Trusts Article, § 8-105, expenses, and allowances not previously paid; (b) if necessary, sell property of the estate in order to do so; and (c) distribute the remaining assets of the estate in accordance with the will or, if none, with the intestacy laws of this State.
I solemnly affirm under the penalties of perjury that the contents of this document are true to the best of my knowledge, information, and belief.
 
 
Attorney
Petitioner
Date
 
 
Address
Petitioner
Date
 
 
Petitioner
Date
 
 
Telephone Number
Telephone Number (optional)
 
 
Facsimile Number
 
 
E-mail Address
IN THE ORPHANS' COURT FOR
(OR)
 
, MARYLAND
BEFORE THE REGISTER
OF WILLS FOR
IN THE ESTATE OF:
 
ESTATE NO.
 
SCHEDULE--C
Request for Limited Order
[ ] To Locate Assets
[ ] To Locate Will
1. I am entitled to the issuance of a limited order because I am:
[ ] a nominated personal representative or
[ ] a person interested in the proceedings by reason of
 
 
 
 
2. The reasons(s) a limited order should be granted are:
 
 
 
I solemnly affirm under the penalties of perjury that the contents of this document are true to the best of my knowledge, information, and belief. I further acknowledge that this order may not be used to transfer assets.
 
 
Attorney
Petitioner
Date
 
 
Address
Petitioner
Date
 
 
Petitioner
Date
 
 
Telephone Number
Telephone Number (optional)
 
 
Facsimile Number
 
 
E-mail Address
(b) Other Petitions.
(1) Generally. Except as otherwise provided by the rules in this Title or permitted by the court, and unless made during a hearing or trial, a petition shall be in writing, shall set forth the relief or order sought, shall state the legal or factual basis for the relief requested, and shall be filed with the Register of Wills. The petitioner may serve on any interested person and shall serve on the personal representative and such persons as the court may direct a copy of the petition, together with a notice informing the person served of the right to file a response and the time for filing it.
(2) Response. Any response to the petition shall be filed within 20 days after service or within such shorter time as may be fixed by the court for good cause shown. A copy of the response shall be served on the petitioner and the personal representative.
(3) Order of Court. The court shall rule on the petition and enter an appropriate order.
Cross reference: Code, Estates and Trusts Article, §§ 2-102 (c), 2-105, 5-201 through 5-206, and 7-402.
(c) Limited Order to Locate Assets. Upon the filing of a verified petition pursuant to Rule 6-122 (a), the Orphans' Court may issue a limited order to search for assets titled in the sole name of a decedent. The petition shall contain the name, address, and date of death of the decedent and a statement as to why the limited order is necessary. The limited order to locate assets shall be in the following form:
IN THE ORPHANS' COURT FOR
(OR) __________, MARYLAND BEFORE THE REGISTER OF WILLS FOR
IN THE ESTATE OF:
__________
LIMITED ORDER NO.
 
LIMITED ORDER TO LOCATE ASSETS
Upon the foregoing petition by a person interested in the proceedings and pursuant to Rule 6-122 (c), it is this __________ day of __________, __________ by the Orphans' Court for __________ (county), Maryland, ORDERED that:
1. The following institutions shall disclose to ____________________________ the assets, and the values
(Name of petitioner)
thereof, titled in the sole name of the above decedent:
 
 
(Name of financial institution)
(Name of financial institution)
 
 
(Name of financial institution)
(Name of financial institution)
 
 
(Name of financial institution)
(Name of financial institution)
2. THIS ORDER MAY NOT BE USED TO TRANSFER ASSETS.
See Maryland Rule 6-122 (c).
(d) Limited Order to Locate Will. Upon the filing of a verified petition pursuant to Rule 6-122 (a), the Orphans' Court may issue a limited order to a financial institution to enter the safe deposit box of a decedent in the presence of the Register of Wills or the Register's authorized deputy for the sole purpose of locating the decedent's will and, if it is located, to deliver it to the Register of Wills or the authorized deputy. The limited order to locate a will shall be in the following form:
IN THE ORPHANS' COURT FOR
(OR)
 
,
MARYLAND
BEFORE THE REGISTER OF WILLS FOR
IN THE ESTATE OF:
 
LIMITED ORDER NO.
 
LIMITED ORDER TO LOCATE WILL
Upon the foregoing Petition and pursuant to Rule 6-122 (d), it is this __________ day of ____________________ (month), __________ (year) by the Orphans' Court for ________________________________________ (County), Maryland,
ORDERED that:
 
, located at
(Name of financial institution)
 
enter the
(Address)
safe deposit box titled in the sole name of
 
,
________________________________________, in the presence of
(Name of decedent)
the Register of Wills ______________________ OR the Register's
authorized deputy ________________________________________ for the sole purpose of locating the decedent's will and, if the will is located, deliver it to the Register of Wills OR the Register's authorized deputy.
 
 
JUDGE
 
 
JUDGE
 
 
JUDGE
See Maryland Rule 6-122 (d).
Committee note: This procedure is not exclusive. Banks may also rely on the procedure set forth in Code, Financial Institutions Article, 12-603.

Credits

[Adopted June 28, 1990, eff. Jan. 1, 1991. Amended Feb. 10, 1998, eff. July 1, 1998; March 5, 2001, eff. July 1, 2001; Nov. 12, 2003, eff. Jan. 1, 2004; Dec. 4, 2007, eff. Jan. 1, 2008; March 11, 2013, eff. May 1, 2013; Sept. 17, 2015, eff. Jan. 1, 2016; Dec. 13, 2016, eff. Apr. 1, 2017.]
MD Rules, Rule 6-122, MD R DEC EST Rule 6-122
Current with amendments received through May 1, 2024. Some sections may be more current, see credits for details.
End of Document