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RULE 6-452. REMOVAL OF A 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 6-452
RULE 6-452. REMOVAL OF A PERSONAL REPRESENTATIVE
(a) Commencement. The removal of a personal representative may be initiated by the court or the register, or on petition of an interested person.
(b) Show Cause Order and Hearing. The court shall issue an order (1) stating the grounds asserted for the removal, unless a petition for removal has been filed, (2) directing that cause be shown why the personal representative should not be removed, and (3) setting a hearing. The order may contain a notice that the personal representative, after being served with the order, may exercise only the powers of a special administrator or such other powers as the court may direct. The order shall be sent to the personal representative by first class mail, unless otherwise required by the Court, and shall be sent by first class mail to each interested person. The court shall conduct a hearing for the purpose of determining whether the personal representative should be removed. Cross reference: Rule 6-124.
(c) Appointment of Successor Personal Representative. Concurrently with the removal of a personal representative, the court shall appoint a successor personal representative or special administrator.
(d) Account of Removed Personal Representative. Upon appointment of a successor personal representative or special administrator, the court shall order the personal representative who is being removed from office 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).
Cross reference: Code, Estates and Trusts Article, § 6-306 (removal of personal representative) and Courts Article, § 12-701 (no stay by appeal; power of successor).

Credits

[Adopted June 28, 1990, eff. Jan. 1, 1991. Amended Nov. 12, 2003, eff. Jan. 1, 2004; Dec. 13, 2016, eff. Apr. 1, 2017.]
MD Rules, Rule 6-452, MD R DEC EST Rule 6-452
Current with amendments received through May 15, 2022. Some sections may be more current, see credits for details.
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