Home Table of Contents

RULE 6-451. RESIGNATION OF PERSONAL REPRESENTATIVE

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 6. Settlement of Decedents' Estates
Chapter 400. Administration of Estates
MD Rules, Rule 6-451
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.
Cross reference: Code, Estates and Trusts Article, ยงยง 6-303, 6-305, 7-301, and 7-305.

Credits

[Adopted June 28, 1990, eff. Jan. 1, 1991. Amended Dec. 4, 2007, eff. Jan. 1, 2008]
MD Rules, Rule 6-451, MD R DEC EST Rule 6-451
Current with amendments received through May 15, 2022. Some sections may be more current, see credits for details.
End of Document