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RULE 6-206. PROCEEDING AFTER PETITION

West's Annotated Code of MarylandMaryland RulesEffective: July 1, 2023

West's Annotated Code of Maryland
Maryland Rules
Title 6. Settlement of Decedents' Estates
Chapter 200. Small Estate
Effective: July 1, 2023
MD Rules, Rule 6-206
RULE 6-206. PROCEEDING AFTER PETITION
If the register finds that the petition for administrative probate of a small estate and additional information filed in the proceeding are accurate, the register shall:
(a) appoint the petitioner personal representative of the small estate and issue letters of administration according to the form set forth in Rule 6-207;
(b) direct the petitioner to pay fees due the register, expenses of administration, allowable funeral expenses, and statutory family allowances, and, if necessary, to sell property of the decedent in order to pay them; and
Cross reference: See Code, Estates and Trusts Article, § 5-606(c) prohibiting the register from collecting fees in connection with certain small estates.
(c) if it appears that there will be property remaining after those payments have been made, or if the petitioner has requested probate of a will even though there may be no property remaining after the payments have been made, admit the will to probate, direct the publication of the Notice of Appointment in accordance with Rule 6-209, and serve a copy of the Notice of Appointment, together with the Notice to Interested Persons (Rule 6-210), upon all interested persons; and
(d) enter an order in the form provided in Rule 6-208 and serve a copy on the personal representative.
Cross reference: Code, Estates and Trusts Article, §§ 5-603 and 8-105.

Credits

[Adopted June 28, 1990, eff. Jan. 1, 1991. Amended April 1, 2023, eff. July 1, 2023.]
MD Rules, Rule 6-206, MD R DEC EST Rule 6-206
Current with amendments received through May 1, 2024. Some sections may be more current, see credits for details.
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