Md. R. Estate Settlem. 6-122

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As amended through October 15, 2024

Rule 6-122 - Petitions

(a) Initial Petition

The Initial Petition shall be substantially in the following form:

IN THE ORPHANS' COURT FOR

(OR)

BEFORE THE REGISTER OF WILLS FOR _________________________, MARYLAND

IN THE ESTATE OF:

ESTATE NO:

FOR:

[] REGULAR ESTATE PETITION FOR ADMINISTRATION

[] SMALL ESTATE PETITION FOR ADMINISTRATION

[] WILL OF NO ESTATE

Complete items 2 and 9

[] LIMITED ORDERS

Complete item 2 and attach

Schedule C

Estate value in excess of $50,000. (If spouse is sole heir or legatee, $100,000.)

Estate value of $50,000 or less. (If spouse is sole heir or legatee, $100,000.)

Complete and attach Schedule A.

Complete and attach Schedule B.

NOTE: For the purpose of computing whether an estate qualifies as a small estate, value is determined by the fair market value of property less debts of record secured by the property as of the date of death, to the extent that insurance benefits are not payable to the lien holder or secured party for the secured debt. See Code, Estates and Trusts Article, § 5-601 (d).

The petition of:

______________________________

Name

______________________________

Address

______________________________

Name

______________________________

Address

______________________________

Name

______________________________

Address

Each of us states:

1. I am (a) at least 18 years of age and either a citizen of the United States or a permanent resident of the United States who is the spouse or registered domestic partner of the decedent, an ancestor of the decedent, a descendant of the decedent, or a sibling of the decedent or (b) a trust company or any other corporation authorized by law to act as a personal representative.

2. The Decedent,_______________________, was domiciled in ______________ (county), State of _________________________and died on the __________day of __________, __________, at ____________________(place of death).

3. If the decedent was not domiciled in this county at the time of death, this is the proper office in which to file this petition because:

_____________________________________________________________________________.

4. I am entitled to priority of appointment as personal representative of the decedent's estate pursuant to § 5-104 of the Estates and Trusts Article, Annotated Code of Maryland because: ________________________________________ _____________________________________________________________________________.

5. I am mentally competent.

6. I am not a disqualified person because of feloniously and intentionally killing, conspiring to kill, or procuring the killing of the decedent.

Committee note: Code, Estates and Trusts Article, § 11-112 provides that a disqualified person may not serve as a personal representative.

7. (Check one of the following boxes)

[ ] I have not been convicted of fraud, extortion, embezzlement, forgery, perjury, theft or any other serious crime that reflects adversely on my honesty, trustworthiness, or fitness to perform the duties of a personal representative or [ ] I was convicted of such a crime, namely __________________, in _________ (year), but the following good cause exists for me to be appointed as personal representative _______________________________________________________________ _____________________________________________________________________________.

Committee note: Code, Estates and Trusts Article, § 5-105 provides that letters of administration may not be granted to someone who has been convicted of certain serious crimes, unless the person shows good cause for the granting of letters.

8. I am not excluded otherwise by law from serving as a personal representative.

9. I have made a diligent search for the decedent's will and to the best of my knowledge:

[ ] none exists; or

[ ] the will dated __________(including codicils, if any, dated __________)

accompanying this petition is the last will and it came into my hands in the following manner: ___________________________________________________________

and the names and last known addresses of the witnesses are:

_______________________________________________________

10. Other proceedings, known to petitioner, regarding the decedent or the estate are as follows: _____________________________________________________

11. If appointed, I accept the duties of the office of personal representative and consent to personal jurisdiction in any action brought in this State against me as personal representative or arising out of the duties of the office of personal representative.

WHEREFORE, I request appointment as personal representative of the decedent's estate and the following relief as indicated:

[ ] that the will and codicils, if any, be admitted to administrative probate;

[ ] that the will and codicils, if any, be admitted to judicial probate;

[ ] that the will and codicils, if any, be filed only;

[ ] that only a limited order be issued;

[ ] that the following additional relief be granted: ______________________________

_____________________________________________________________________________.

I solemnly affirm under the penalties of perjury that the contents of this document are true to the best of my knowledge, information, and belief.

___________________

Address

___________________

Petitioner Date

___________________

Telephone Number

___________________

Petitioner Date

___________________

Facsimile Number

___________________

Telephone Number (optional)

___________________

Email Address

IN THE ORPHANS' COURT FOR (OR)

BEFORE THE REGISTER OF WILLS FOR _________________________, MARYLAND

IN THE ESTATE OF:

________________________

ESTATE NO:

________________________

SCHEDULE--A

Regular Estate Estimated Value of Estate and Unsecured Debts

Personal property (approximate value)	$__________
Real property (approximate value)	$__________
Value of property subject to:
(a) Direct Inheritance Tax of ______%	$__________
(b) Collateral Inheritance Tax of______%	$__________
Unsecured Debts (approximate amount)	$__________

___________________

Address

___________________

Petitioner Date

___________________

Telephone Number

___________________

Petitioner Date

___________________

Facsimile Number

___________________

Telephone Number (optional)

___________________

Email Address

(FOR REGISTER'S USE)

Safekeeping Wills _____________Custody Wills ________________

Bond Set $_____________________Deputy _______________________

IN THE ORPHANS' COURT FOR

(OR)

BEFORE THE REGISTER OF WILLS FOR

_________________________, MARYLAND

IN THE ESTATE OF:

ESTATE NO:

SCHEDULE--B

Small Estate--Assets and Debts of the Decedent

1. I have made a diligent search to discover all property and debts of the decedent and set forth below are:

(a) A listing of all real and personal property owned by the decedent, individually or as tenant in common, and of any other property to which the decedent or estate would be entitled, including descriptions, values, and how the values were determined:

__________________________________________________________

__________________________

(b) A listing of all creditors and claimants and the amounts claimed, including secured, contingent and disputed claims:

2. Allowable funeral expenses are $ __________; statutory family allowances are $ __________; and expenses of administration claimed are $ __________.

3. Attached is a List of Interested Persons.

4. After the time for filing claims has expired, subject to the statutory order of priorities, and subject to the resolution of disputed claims by the parties or the court, I shall (a) pay all proper claims made pursuant to Code, Estates and Trusts Article, § 8-104 in the order of priority set forth in Code, Estates and Trusts Article, § 8-105, expenses, and allowances not previously paid; (b) if necessary, sell property of the estate in order to do so; and (c) distribute the remaining assets of the estate in accordance with the will or, if none, with the intestacy laws of this State.

I solemnly affirm under the penalties of perjury that the contents of this document are true to the best of my knowledge, information, and belief.

___________________

Attorney

___________________

Petitioner Date

___________________

Address

___________________

Petitioner Date

___________________

Telephone Number

___________________

Petitioner Date

___________________

Facsimile Number

___________________

Telephone Number (optional)

___________________

Email Address

IN THE ORPHANS' COURT FOR (OR)

BEFORE THE REGISTER OF WILLS FOR _________________________, MARYLAND

IN THE ESTATE OF:

ESTATE NO:

SCHEDULE--C

Request for Limited Order

[ ] To Locate Assets

[ ] To Locate Will

1. I am entitled to the issuance of a limited order because I am:

[ ] a nominated personal representative or

[ ] a person interested in the proceedings by reason of

________________________________________________

2. The reasons(s) a limited order should be granted are:

________________________________________________

I solemnly affirm under the penalties of perjury that the contents of this document are true to the best of my knowledge, information, and belief. I further acknowledge that this order may not be used to transfer assets.

___________________

Attorney

___________________

Petitioner Date

___________________

Address

___________________

Petitioner Date

___________________

Telephone Number

___________________

Petitioner Date

___________________

Facsimile Number

___________________

Telephone Number (optional)

___________________

Email Address

(b) Other Petitions

(1) Generally

Except as otherwise provided by the rules in this Title or permitted by the court, and unless made during a hearing or trial, a petition shall be in writing, shall set forth the relief or order sought, shall state the legal or factual basis for the relief requested, and shall be filed with the Register of Wills. The petitioner may serve on any interested person and shall serve on the personal representative and such persons as the court may direct a copy of the petition, together with a notice informing the person served of the right to file a response and the time for filing it.

(2) Response

Any response to the petition shall be filed within 20 days after service or within such shorter time as may be fixed by the court for good cause shown. A copy of the response shall be served on the petitioner and the personal representative.

(3) Order of Court

The court shall rule on the petition and enter an appropriate order.

Cross reference: Code, Estates and Trusts Article, §§ 2-102 (c), 2-105, 5-201 through 5-206, and 7-402.

(c) Limited Order to Locate Assets

Upon the filing of a verified petition pursuant to Rule 6-122 (a), the Orphans' Court may issue a limited order to search for assets titled in the sole name of a decedent. The petition shall contain the name, address, and date of death of the decedent and a statement as to why the limited order is necessary. The limited order to locate assets shall be in the following form:

IN THE ORPHANS' COURT FOR

(OR)

BEFORE THE REGISTER OF WILLS FOR

_________________________, MARYLAND

IN THE ESTATE OF:

______________________

LIMITED ORDER NO.:

______________________

LIMITED ORDER TO LOCATE ASSETS

Upon the foregoing petition by a person interested in the proceedings and pursuant to Rule 6-122 (c), it is this __________day of __________, __________by the Orphans' Court for __________(county), Maryland, ORDERED that:

1. The following institutions shall disclose to ____________________________the assets, and the values thereof, (Name of petitioner)

titled in the sole name of the above decedent:

(Name of financial institution) (Name of financial institution)

______________________ ______________________

(Name of financial institution) (Name of financial institution)

______________________ ______________________

(Name of financial institution) (Name of financial institution)

______________________ ______________________

2. THIS ORDER MAY NOT BE USED TO TRANSFER ASSETS. See Maryland Rule 6-122 (c).

(d) Limited Order to Locate Will

Upon the filing of a verified petition pursuant to Rule 6-122 (a), the Orphans' Court may issue a limited order to a financial institution to enter the safe deposit box of a decedent in the presence of the Register of Wills or the Register's authorized deputy for the sole purpose of locating the decedent's will and, if it is located, to deliver it to the Register of Wills or the authorized deputy. The limited order to locate a will shall be in the following form:

IN THE ORPHANS' COURT FOR

(OR)

BEFORE THE REGISTER OF WILLS FOR

_________________________, MARYLAND

IN THE ESTATE OF:

_____________________

LIMITED ORDER NO.:

_____________________

LIMITED ORDER TO LOCATE WILL

Upon the foregoing Petition and pursuant to Rule 6-122 (d), it is this __________day of ____________________(month), __________(year) by the Orphans' Court for ____________________(County), Maryland, ORDERED that:

_______________________________, located at

(Name of financial institution)

_________________________________________

(Address)

enter the safe deposit box titled in the sole name of _________________________________, in the presence of the Register

(Name of decedent)

of Wills _______________________________OR the Register's authorized deputy

________________________________________for the sole purpose of locating the decedent's will and, if the will is located, deliver it to the Register of Wills OR the Register's authorized deputy.

_____________

JUDGE

_____________

JUDGE

_____________

JUDGE

See Maryland Rule 6-122 (d).

Committee note: This procedure is not exclusive. Banks may also rely on the procedure set forth in Code, Financial Institutions Article, 12-603.

Md. R. Estate Settlem. 6-122

Adopted June 28, 1990, eff. 1/1/1991. Amended Feb. 10, 1998, eff. 7/1/1998; 3/5/2001, eff. 7/1/2001; 11/12/2003, eff. 1/1/2004; 12/4/2007, eff. 1/1/2008; 3/11/2013, eff. 5/1/2013; 9/17/2015, eff. 1/1/2016; 12/13/2016, eff. 4/1/2017; amended April 5, 2024, eff. 7/1/2024.

HISTORICAL NOTES

2001 Orders

The March 5, 2001, order, in section (a), in the Petition for Probate form, changed the dollar amount for what constitutes a small estate, and in Schedule A, deleted the percentages given as the amounts of direct and collateral inheritance tax.

2003 Orders

The November 12, 2003, order, in section (a), in the caption and the introductory paragraph, substituted "Initial Petition for "Petition for Probate; in section (a), in the caption for the petition form, substituted "Petition for Administration for "Petition for Probate and added the reference to limited orders; in section (a), in the petition form, added a reference to limited orders; in section (a), in the form for Schedule B, added item 4; in section (a), added Schedule C; rewrote subsec. (b)(1); added section (c), related to limited orders to locate assets; and added the committee note following section (c). Prior to amendment, subsec. (b)(1) read:

"(1) Generally. Except as otherwise provided by the rules in this Title or permitted by the court, an application to the court for an order shall be by petition filed with the register. The petition shall be in writing, shall set forth the relief or order sought, and shall state the legal or factual basis for the relief requested. The petitioner may serve on any interested person and shall serve on the personal representative and such persons as the court may direct a copy of the petition, together with a notice informing the person served of the right to file a response and the time for filing it.

2007 Orders

The December 4, 2007, order, in section (a), in the petition form, rewrote 1; in section (c), in the caption for the petition form, substituted "LIMITED" for "QUALIFIED", capitalized the word "ordered" and substituted "for" for "of"; in section (d), in the caption for the petition form, capitalized the word "ordered" and substituted "for" for "of". Prior to amendment, 1 in the petition form of section (a) read:

"1. I am (a) at least 18 years of age and either a citizen of the United States or a permanent resident alien spouse of the decedent or (b) a trust company or any other corporation authorized by law to act as a personal representative."

2013 Orders

The May 1, 2013, order, added the word "substantially to section (a); changed certain amounts in the initial petition form; added a Note following the caption of the form; added to the initial petition form a section regarding mental competency and a section regarding conviction for a serious crime and deleted section 7; deleted the affirmation clause after Schedule A; added language to section 4. of Schedule B; added lines to the form for an attorney's facsimile number and e-mail address; and made stylistic changes.

2015 Orders

The September 17, 2015, order, added a new Section 6. to the petition form, referring to certain crimes the commission of which would disqualify the petitioner from appointment as personal representative; added a Committee note after Section 6. referring to a certain statute; changed current Section 6. to Section 7., expanding it to provide certain boxes to check pertaining to specific crimes and to list reasons for appointment; changed Section 7. to Section 8., deleting language from it and adding language to it; deleting the lines for "date" and for the signature of the personal representative after Section 4. of Schedule B; changed the affirmation clause in Section B and C; added to section (d) of the form "Limited Order to Locate Will" a line after the words "Register of Wills" and "Register's authorized deputy, the words "Register's authorized deputy," and three lines for judge's signatures; and made stylistic changes.

2016 Orders

The December 13, 2016, order added language to the forms in sections (c) and (d) and made stylistic change.

Committee note: This procedure is not exclusive. Banks may also rely on the procedure set forth in Code, Financial Institutions Article, 12-603.