Md. R. Guard. & Fid. 10-101

As amended through November 13, 2024

Rule 10-101 - Applicability of Title; Jurisdiction

(a) Applicability. Except as otherwise provided by law, the rules in this Title apply to proceedings concerning: (1) the guardianship of minors, their property, or both, whether in a circuit court or an orphans' court, (2) the guardianship of disabled persons, their property, or both; (3) a fiduciary estate; and (4) the distribution of property belonging to an absent or unknown person.

(b) Scope of Jurisdiction. In proceedings under this Title, the court may exercise its jurisdiction generally or for a limited purpose. An investment in a common trust fund by a fiduciary administering an estate subject to the jurisdiction of a court does not bring the administration of the common trust fund under the jurisdiction of the court.

This Rule is derived in part from former Rule V71 and is in part new.

Adopted June 5, 1996, eff. 1/1/1997. Amended Oct. 10, 2017, eff. 1/1/2018; amended Nov. 9, 2021, eff. 1/1/2022.

HISTORICAL NOTES

Derivation:

Maryland Rule of Procedure V71, revised eff. Feb. 2, 1970, amended eff. July 1, 1974; amended April 6, 1984, eff. July 1, 1984, related to jurisdiction over fiduciary estates other than guardianships of minors or disabled persons, rescinded June 5, 1996, eff. Jan. 1, 1997.

2017 Orders

The October 10, 2017, order added section (a) language pertaining to proceedings for guardianship of the property of minors, language pertaining to proceedings for both guardianships of the person and the property, and language pertaining to proceedings whether in a circuit of an orphans court, and made stylistic changes.

Committee note: The rules in this Title do not apply to a guardian with the right to consent to adoption (Code, Family Law Article, § 5-301 et seq. and Title 11, Chapter 300 of these rules; and Code, Family Law Article, § 5-3A-01 et seq. and Title 9, Chapter 100 of these rules); a trustee appointed to foreclose a mortgage or deed of trust or to make a judicial sale (Title 14, Chapters 200 and 300 of these rules); a trustee of a recovery by a minor in tort (Code, Estates and Trusts Article, § 13-401 et seq.); a custodian of property under the Maryland Uniform Transfers to Minors Act (Code, Estates and Trusts Article, § 13-301 et seq.); or a receiver or assignee for the benefit of creditors (Title 13 of these Rules).

For the definition of "common trust fund," see Code, Financial Institutions Article, § 3-501(b).