Md. R. Guard. & Fid. 10-711

As amended through October 15, 2024

Rule 10-711 - Resignation of Fiduciary and Appointment of Substituted or Successor Fiduciary

(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.

(b) Venue.

(1)Guardianships of the Property. The petition to resign or to appoint a substituted or successor fiduciary shall be filed in the court that has assumed jurisdiction over the guardianship. If jurisdiction has not been assumed, the petition shall be filed pursuant to Rule 10-301(c).

(2)Other Fiduciary Proceedings. 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 the property is situated, or where the fiduciary resides, is regularly employed, or maintains a place of business.

(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:

(1) Have the duty to protect all property belonging to the estate;

(2) Have the power to perform acts necessary for the protection of the estate;

(3) Immediately apply to the court for the appointment of a substituted or successor fiduciary;

(4) Upon appointment of a substituted or successor fiduciary have the duty to file an accounting pursuant to Rule 10-708 and deliver any property of the estate to the substituted or successor fiduciary.

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.

Md. R. Guard. & Fid. 10-711

This Rule is derived as follows:

Section (a) is derived from former Rule V81 a and former Rule V82 a.

Section (b):

Subsection (1) is derived from former Rule R72 a and b.

Subsection (2) is derived from former Rule V81 a.

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.

Adopted June 5, 1996, eff. 1/1/1997. Amended Sept. 17, 2015, eff. 1/1/2016.

HISTORICAL NOTES

2015 Orders

The September 17, 2015, order, changed an internal reference.

Derivation:

Maryland Rule of Procedure R72, revised eff. Feb. 2, 1970, amended eff. July 1, 1974; amended Nov. 5, 1976, eff. Jan. 1, 1977, related to venue, rescinded June 5, 1996, eff. Jan. 1, 1997.

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.

Maryland Rule of Procedure V81, revised eff. Feb. 2, 1970, related to resignation of fiduciaries, rescinded June 5, 1996, eff. Jan. 1, 1997.

Maryland Rule of Procedure V82, revised eff. Feb. 2, 1970, amended eff. July 1, 1974, related to substitution of fiduciaries, rescinded June 5, 1996, eff. Jan. 1, 1997.

See Code, Estates and Trusts Article, § 15-111.