Home Table of Contents

RULE 6-423. ADMINISTRATION AFTER CLOSING OF ESTATE--NEWLY DISCOVERED SMALL CHECK

West's Annotated Code of MarylandMaryland RulesEffective: July 1, 2021

West's Annotated Code of Maryland
Maryland Rules
Title 6. Settlement of Decedents' Estates
Chapter 400. Administration of Estates
Effective: July 1, 2021
MD Rules, Rule 6-423
RULE 6-423. ADMINISTRATION AFTER CLOSING OF ESTATE--NEWLY DISCOVERED SMALL CHECK
(a) When New Appointment Not Necessary. Except as provided in section (d) of this Rule, if a check payable to a decedent or the estate of a decedent for a sum not exceeding $1,000 is discovered after an estate has been closed and the appointment of the personal representative has terminated pursuant to Rule 6-421, the court, on a verified petition made by an interested person, may enter an order authorizing the interested person to indorse and deposit the check into the interested person's bank account for the limited purpose of distributing the funds in accordance with the will or, if the decedent died intestate, in accordance with Code, Estates and Trusts Title 3, Subtitle 1.
(b) Petition. A petition pursuant to this Rule shall be filed in the jurisdiction where the decedent's estate was administered and include the estate number, a brief description of the check, the interest of the person filing the petition, the names and addresses of the interested persons, a statement that the conditions in section (d) do not apply to the requested order, and a brief statement of the anticipated distribution of the funds.
(c) Exceptions. Unless a hearing is requested by an interested person, the court may enter an order under this Rule without a hearing.
(d) Conditions. The court may not enter an order under this Rule if:
(1) the estate of the decedent was insolvent when it closed,
(2) the value of the discovered check increases the value of the estate above the value that qualifies under Code, Estates and Trusts, § 5-601 for administration of a small estate, or
(3) any additional fees and inheritance taxes due as a result of the newly discovered check are not paid with the filing of the petition.
(e) Distribution. The distribution of funds by an interested person under this Rule shall be made within 60 days after the court's order authorizing the distribution.
(f) Effect of Order. An order issued under this Rule does not require the court to reopen the estate.
Cross reference: Code, Estates and Trusts Article, § 10-104.

Credits

[Adopted March 30, 2021, eff. July 1, 2021.]
MD Rules, Rule 6-423, MD R DEC EST Rule 6-423
Current with amendments received through May 15, 2022. Some sections may be more current, see credits for details.
End of Document