Rule 10-801 - Notice Upon Death of Settlor(a)Notice to Personal Representative If a proceeding other than for a small estate under Code, Estates and Trusts Article Title 5, Subtitle 6 is commenced to administer the estate of the decedent-settlor of a trust that was revocable at the time of death, the trustee of the trust shall notify the personal representative of the existence of the trust and the identity of each trustee within 30 days after the date the trustee acquires knowledge of the opening of the estate. Cross reference: See Code, Estates and Trusts Article, § 14.5-508(b)(1) for the effect of a claim filed in an estate proceeding on trust property. See Rule 6-413 for the right of a trustee to intervene before a claim is allowed in the estate proceeding.
(b)Notice to Surviving Spouse If the decedent-settlor is survived by a spouse, the trustee shall notify the surviving spouse of the existence of the trust, the identity of each trustee, and of the surviving spouse's right to request a copy of the trust instrument within 60 days of after the date the trustee acquires knowledge of the decedent's death. Cross reference: For the duties of a trustee in connection with the calculation and payment of the elective share, see Code, Estates and Trusts Article, § 3-409.
Md. R. Guard. & Fid. 10-801
Adopted July 8, 2021, eff. 10/1/2021