Maryland · statute · Md. Code, Est. & Trusts · 707 active provisions
(a) In this article the following words have the meanings indicated. (b) “Administrative probate” has the meaning stated in § 5–301 of this article. (c) “Book” includes a form of electronic recordation. (d) “Child” has the meaning stated in §§ 1–205 through 1–208 of this title. (e) “County” includes Baltimore City. (f)…
(a) When a writing is required to be verified by this article, verification is sufficient if the writing is signed by the person required to make the verification, and if it contains the representation contained in subsection (b) of this section. (b) The form of verification is: I do solemnly declare and affirm under t…
(a) (1) Unless personal service or some other method of notice is expressly required in this article or by the Maryland Rules, the first notice required to be given a person is sufficient if deposited as first-class mail, postage prepaid, addressed to the addressee at the address last known to the sender. (2) At the ex…
This article is dedicated to the memory of Roger D. Redden, Esquire.
(a) (1) The purpose of the estates of decedents law is to simplify the administration of estates, to reduce the expenses of administration, to clarify the law governing estates of decedents, and to eliminate any provisions of prior law which are archaic, often meaningless under modern procedure and no longer useful. (2…
(a) In this subtitle the following words have the meanings indicated. (b) “Assisted reproduction” has the meaning stated in § 5–1001 of the Family Law Article. (c) “Father” has the meaning stated in § 5–1001 of the Family Law Article. (d) “Mother” has the meaning stated in § 5–1001 of the Family Law Article.
In the absence of express language to the contrary, the rules of construction contained in this subtitle shall be applied in construing all provisions of the estates of decedents law and the terms of a will.
(a) A surviving spouse is not: (1) A person who has received an absolute divorce from the decedent or whose marriage to the decedent has been validly annulled; (2) Except as provided in subsection (b) of this section, a person who has voluntarily appeared in a proceeding in which an absolute divorce between the deceden…
(a) Degrees of relationship shall be reckoned according to the method of the civil law by beginning with either of the persons in question, ascending to the common ancestor, and then descending to the other person. (b) One degree shall be counted for each step both ascending and descending.
A relative of the half blood has the same status as a relative of the whole blood of the same degree.
(a) A child includes: (1) A natural child, an adopted child, and a child to the extent provided in §§ 1–206 through 1–208 of this subtitle; and (2) A child conceived from the genetic material of a person after the death of the person if: (i) The person consented in a written record to use of the person’s genetic materi…
(a) A child born or conceived during a marriage or registered domestic partnership is presumed to be the child of both spouses or registered domestic partners. (b) (1) A child conceived by means of assisted reproduction during the marriage or registered domestic partnership of the child’s mother with the consent of the…
(a) (1) An adopted child shall be treated as a natural child of the child’s adopting parent or parents. (2) Except as provided in paragraph (3) of this subsection, on adoption a child may not be considered a child of either natural parent. (3) On adoption by the spouse of a natural parent, the child shall still be cons…
(a) A child born to or conceived by individuals who are not married or in a registered domestic partnership is the child of the child’s mother. (b) A child born to or conceived by individuals who are not married or in a registered domestic partnership is the child of the individual who did not give birth to the child i…
(a) An individual who is the presumed parent of a child under this subtitle shall be considered to be the child’s parent for all purposes, including inheritance, custody and visitation, support obligations, and Child in Need of Assistance proceedings, unless the presumption of parentage is rebutted in accordance with t…
(a) In construing all provisions of the estates of decedents law and, unless a contrary intention is indicated, in construing the terms of a will, issue means every living lineal descendant except a lineal descendant of a living lineal descendant. (b) A person who is treated as a child of a person pursuant to §§ 1–205…
(a) When provision is made for representation in this article, the shares shall be determined in accordance with subsections (b) and (c) of this section. (b) (1) In the case of issue of the decedent, the property shall be divided into as many equal shares as there are children of the decedent who survive the decedent a…
(a) Unless a contrary intention expressly appears, subsection (b) of this section applies to the provisions of a will requiring that upon the occurrence of an event, distribution shall be made by representation or per stirpes to the issue of one specified person. (b) (1) On the occurrence of the event designated by the…
(a) All property of a decedent shall be subject to the estates of decedents law, and upon the person’s death shall pass directly to the personal representative, who shall hold the legal title for administration and distribution, without any distinction, preference, or priority as between real and personal property. (b)…
(a) A provision in an account agreement, as defined in § 1–204(b)(2) of the Financial Institutions Article, for a transfer on death is nontestamentary and shall be effective according to the provisions of § 1–204 of the Financial Institutions Article. (b) Transfers pursuant to § 1–204 of the Financial Institutions Arti…
In the estates of decedents law, the word “court” means the orphans’ court in a county, or the court exercising the jurisdiction of the orphans’ court in a county.
(a) (1) The court may: (i) Conduct judicial probate; (ii) Direct the conduct of a personal representative; (iii) Summon witnesses; and (iv) Issue orders that may be: 1. Required in the course of the administration of an estate of a decedent; or 2. Necessary to determine the value or sources of payment of an elective sh…
The court has the same legal and equitable powers to effectuate its jurisdiction, punish contempts, and carry out its orders, judgments, and decrees as a court of record with general jurisdiction in equity.
The Maryland Rules for the summoning of a witness, and for depositions and discovery, apply to all actions.
(a) In a controversy in the court, an issue of fact may be determined by the court. (b) (1) At the request of an interested person made within the time determined by the court, the issue of fact may be determined by a court of law. (2) When the request is made before the court has determined the issue of fact, the cour…