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RULE 6-125. SERVICE

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 6. Settlement of Decedents' Estates
Chapter 100. General Provisions
MD Rules, Rule 6-125
RULE 6-125. SERVICE
Currentness
(a) Method of Service.
(1) Generally. Except where these rules specifically require that service shall be made by first-class mail, return service requested, service may be made by (A) personal delivery, (B) certified mail, or (C) first-class mail. Service by certified mail is complete upon delivery. Service by first-class mail, including first-class mail, return service requested, is complete upon mailing. If a person is represented by an attorney of record, service shall be made on the attorney pursuant to Rule 1-321. Service need not be made on any person who has filed a waiver of notice pursuant to Rule 6-126.
(2) Service to Forwarding Address. If first-class mail, first-class mail return service requested, or certified mail is returned with a forwarding address, service of the paper shall be made to the forwarding address.
Cross reference: For service on a person under disability, see Code, Estates and Trusts Article, § 1-103 (d).
(b) Certificate of Service.
(1) When Required. A certificate of service shall be filed for every paper that is required to be served.
(2) Form of Certificate of Service.
CERTIFICATE OF SERVICE
I hereby certify that on the __________ day of
 
,
(month)
 
I:
(year)
[ ]
personally delivered or
[ ]
mailed by certified mail, postage prepaid,
[ ]
mailed by first-class mail, postage prepaid, or
[ ]
mailed by first-class mail, postage prepaid, return service requested,
a copy of this paper to the following persons:
 
.
(name and address)
 
Signature
(c) Affidavit of Attempts to Contact, Locate, and Identify Interested Persons. An affidavit of attempts to contact, locate, and identify interested persons shall be substantially in the following form:
[CAPTION]
AFFIDAVIT OF ATTEMPTS TO CONTACT, LOCATE, AND IDENTIFY INTERESTED PERSONS
I, ________________________________________ am: (check one)
[ ] a party
[ ] a person interested in the above-captioned matter
[ ] an attorney.
I have reason to believe that the persons listed below are persons interested in the estate of
 
 
(Provide any information you have)
Name
Relationship
Addresses
 
 
 
 
 
 
 
 
 
 
 
 
I have made a good faith effort to contact, locate, or identify the persons listed above by the following means:
 
 
I solemnly affirm under the penalties of perjury that the contents of this document are true to be best of my knowledge, information, and belief.
 
 
Signature
Date
(d) Proof. If there is no proof of actual notice, and (1) first-class mail is returned as undeliverable, with no forwarding address, (2) first-class mail, return service requested, is returned as undeliverable with no forwarding address, or (3) certified mail is sent and no return receipt is received apparently signed by the addressee, 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 have been made to locate and warn the addressee of the pendency of the proceeding.
Cross reference: Code, Estates and Trusts Article, § 1-103 (c).

Credits

[Adopted June 28, 1990, eff. Jan. 1, 1991. Amended April 8, 1997, eff. July 1, 1997; May 9, 2000, eff. July 1, 2000; Sept. 17, 2015, eff. Jan. 1, 2016; June 20, 2017, eff. Aug. 1, 2017.]
MD Rules, Rule 6-125, MD R DEC EST Rule 6-125
Current with amendments received through October 1, 2023. Some sections may be more current, see credits for details.
End of Document