RULE 10-711. RESIGNATION OF FIDUCIARY AND APPOINTMENT OF SUBSTITUTED OR SUCCESSOR FIDUCIARY
West's Annotated Code of MarylandMaryland Rules
MD Rules, Rule 10-711
RULE 10-711. RESIGNATION OF FIDUCIARY AND APPOINTMENT OF SUBSTITUTED OR SUCCESSOR FIDUCIARY
(a) Commencement of Action. A fiduciary may file a petition to resign. The petition shall state the reasons for the resignation and may request the appointment of a substituted or successor fiduciary. When a fiduciary resigns, dies, is removed, or becomes otherwise incapable of filling the position, and there is no substituted or successor fiduciary already named, the court may, on its own initiative or on petition filed by any interested person, appoint a substituted or successor fiduciary.
(2) Other Fiduciary Proceedings. The petition shall be filed in the court that has assumed jurisdiction over the fiduciary estate, or if jurisdiction has not been assumed, in the county in which the property is situated, or where the fiduciary resides, is regularly employed, or maintains a place of business.
In the case of an estate not previously subject to court jurisdiction, where all beneficiaries have filed a waiver or where the court does not require an accounting, an accounting need not be filed.
Committee note: Code, Estates and Trusts Article, § 13-220(c) applies to deceased or disabled guardians of the property; section (i) of this Rule applies to all deceased or disabled fiduciaries.
Cross reference: See Code, Estates and Trusts Article, § 15-111.
Source: This Rule is derived as follows:
Section (a) is derived from former Rule V81 a and former Rule V82 a.
Section (b):
Subsection (1) is derived from former Rule R72 a and b.
Subsection (2) is derived from former Rule V81 a.
Section (c) is in part derived from former Rule V81 b 1 and is in part new.
Section (d) is derived from former Rule V81 c 1.
Section (e) is new.
Section (f) is in part derived from former Rule V78 b 5 and is in part new.
Section (g) is new.
Section (h) is derived from former Rule V82 e.
Section (i) is derived from former Rule V81 e.
Credits
[Adopted June 5, 1996, eff. Jan. 1, 1997. Amended Sept. 17, 2015, eff. Jan. 1, 2016.]
MD Rules, Rule 10-711, MD R GUARD AND FIDUCIARIES Rule 10-711
Current with amendments received through June 1, 2023. Some sections may be more current, see credits for details.
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