Rule 10-710 - Termination of a Fiduciary Estate-Final Distribution(a) Cause for Termination. Grounds for the termination of a fiduciary estate shall include:(1) the occurrence of the event specified in the instrument creating the estate;(2) the distribution by the fiduciary of all remaining assets of the estate in a manner authorized by the instrument creating the estate;(3) the attainment by a minor of the age of majority;(4) the emancipation of a minor who has not attained the age of majority;(5) the cessation of a disability;(6) the death of the minor or disabled person; or(7) any other good cause for termination.(b) Time for Filing--Who May File. Within 45 days after the fiduciary discovers that the grounds for termination exist, the fiduciary shall file a petition requesting the court to terminate the estate. Thereafter, if the fiduciary has not timely filed the petition, an interested person may file a petition requesting the court to terminate the estate.(c) Venue. 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 any part of the property is located, or where the fiduciary resides, is regularly employed, or maintains a place of business.(d) Contents. The petition shall be signed and verified by the petitioner and shall contain the following information: (1) the petitioner's interest in the estate;(2) the name and address of each interested person entitled to notice of the petition;(3) a statement of facts establishing the grounds for termination; and(4) documentation as set forth in this Rule.(e) Documentation.(1)Proof of Age. If the cause for the termination of the guardianship of the property of a minor is the attainment of the age of majority, the petitioner shall file with the petition a copy of the minor person's birth certificate or other satisfactory proof of age.(2)Marriage Certificate. If the cause for the termination of the guardianship of the property of a minor is emancipation because of the marriage of the minor person, the petitioner shall file with the petition a copy of the marriage certificate.(3)Medical Certificate. If the cause for the termination of the guardianship of the property of a disabled person is the cessation of the disability, the petitioner shall file with the petition a certificate, signed by a physician who has examined the person within 21 days of the filing of the petition, attesting to the cessation of the disability.(4)Death Certificate. If the cause for the termination of the guardianship of the property is the death of the minor or disabled person, the petitioner shall file with the petition a copy of the death certificate.(f) Final Accounting. If the petitioner is the fiduciary, the petitioner shall file with the petition a final accounting containing the same information required in annual accountings by Rule 10-708, together with the proposed final distribution of any remaining assets of the estate. The accounting shall cover any period of the fiduciary's administration of the estate which has not been covered by annual accountings previously filed in the proceedings. If the petitioner is not the fiduciary, the fiduciary shall file an accounting as directed by the court. Committee note: For the right of a guardian to pay from the guardianship estate all commissions, fees, and expenses of the guardianship before the balance of the guardianship estate is paid out to the personal representative or other person entitled to it, see Code, Estates and Trusts Article, § 13-214, which abrogates the ruling in Battley v. Banks, 177 Md. App. 638 (2007).
(g) Notice. The petitioner shall give notice of the filing of the petition to the persons named as distributees in the proposed final distribution, to the other persons entitled to notice of annual accounts, and to all other persons designated by the court. The notice shall consist of mailing by ordinary mail a copy of the petition and a show cause order issued pursuant to Rule 10-104.Md. R. Guard. & Fid. 10-710
This Rule is in part derived from former Rule V78 and in part new.
Adopted June 5, 1996, eff. 1/1/1997. Amended June 7, 2011, eff. 7/1/2011.HISTORICAL NOTES
Derivation:
Maryland Rule of Procedure V78, revised eff. Feb. 2, 1970, amended eff. July 1, 1974; amended April 6, 1984, eff. July 1, 1984, related to termination and final distribution, rescinded June 5, 1996, eff. Jan. 1, 1997.
2011 Orders
The June 7, 2011, order added a committee note following section (f).