(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.

(c) Account of Resigning Fiduciary. The resigning fiduciary shall file with the petition an accounting pursuant to Rule 10-706 for any period not covered in any annual accountings previously filed, or, if none, from the date the fiduciary assumed the office.

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.

(d) Notice. The petitioner shall give notice to those interested persons designated by the court by mailing to them by ordinary mail a copy of the petition and a show cause order issued pursuant to Rule 10-104.

(e) Termination of Fiduciary's Appointment. Resignation of a fiduciary does not terminate the appointment of the fiduciary until the court enters an order accepting the resignation.

(f) Proceedings. The court may, and upon request shall, hold a hearing and shall grant or deny the relief sought in the petition. Pending the appointment of the successor fiduciary, the court may appoint a temporary fiduciary.

(g) Resignation of Co-Fiduciary. Unless otherwise ordered by the court, a co-fiduciary may resign the office pursuant to this Rule. The resigning co-fiduciary shall turn over all property belonging to the estate to the remaining co-fiduciary.

(h) Duty of Personal Representative of the Estate of Deceased Fiduciary or Guardian of Disabled Fiduciary. Upon the death or disability of a fiduciary, the personal representative or the guardian of the fiduciary, if any, shall, subject to order of court:

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.

(i) Additional Means of Resignation. This Rule is in addition to, and not in lieu of, any other procedure for the resignation or discharge of a fiduciary provided by law or by the instrument creating the estate or appointing the fiduciary.

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):

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.