RULE 10-710. TERMINATION OF A FIDUCIARY ESTATE--FINAL DISTRIBUTION
West's Annotated Code of MarylandMaryland Rules
MD Rules, Rule 10-710
RULE 10-710. TERMINATION OF A FIDUCIARY ESTATE--FINAL DISTRIBUTION
(b) Time for Filing--Who May File. Within 45 days after the fiduciary discovers that the grounds for termination exist, the fiduciary shall file a petition requesting the court to terminate the estate. Thereafter, if the fiduciary has not timely filed the petition, an interested person may file a petition requesting the court to terminate the estate.
(3) Medical Certificate. If the cause for the termination of the guardianship of the property of a disabled person is the cessation of the disability, the petitioner shall file with the petition a certificate, signed by a physician who has examined the person within 21 days of the filing of the petition, attesting to the cessation of the disability.
(f) Final Accounting. If the petitioner is the fiduciary, the petitioner shall file with the petition a final accounting containing the same information required in annual accountings by Rule 10-708, together with the proposed final distribution of any remaining assets of the estate. The accounting shall cover any period of the fiduciary's administration of the estate which has not been covered by annual accountings previously filed in the proceedings. If the petitioner is not the fiduciary, the fiduciary shall file an accounting as directed by the court.
Committee note: For the right of a guardian to pay from the guardianship estate all commissions, fees, and expenses of the guardianship before the balance of the guardianship estate is paid out to the personal representative or other person entitled to it, see Code, Estates and Trusts Article, ยง 13-214, which abrogates the ruling in Battley v. Banks, 177 Md. App. 638 (2007).
(g) Notice. The petitioner shall give notice of the filing of the petition to the persons named as distributees in the proposed final distribution, to the other persons entitled to notice of annual accounts, and to all other persons designated by the court. The notice shall consist of mailing by ordinary mail a copy of the petition and a show cause order issued pursuant to Rule 10-104.
Source: This Rule is in part derived from former Rule V78 and in part new.
Credits
[Adopted June 5, 1996, eff. Jan. 1, 1997. Amended June 7, 2011, eff. July 1, 2011.]
MD Rules, Rule 10-710, MD R GUARD AND FIDUCIARIES Rule 10-710
Current with amendments received through February 1, 2023. Some sections may be more current, see credits for details.
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