Md. R. Estate Settlem. 6-125

As amended through October 15, 2024

Rule 6-125 - Service

(a) Method of Service.

(1)Generally. Except where these rules specifically require that service shall be made by first-class mail, return service requested, service may be made by (A) personal delivery, (B) certified mail, or (C) first-class mail. Service by certified mail is complete upon delivery. Service by first-class mail, including first-class mail, return service requested, is complete upon mailing. If a person is represented by an attorney of record, service shall be made on the attorney pursuant to Rule 1-321. Service need not be made on any person who has filed a waiver of notice pursuant to Rule 6-126.

(2)Service to Forwarding Address. If first-class mail, first-class mail return service requested, or certified mail is returned with a forwarding address, service of the paper shall be made to the forwarding address.

Cross reference: For service on a person under disability, see Code, Estates and Trusts Article, § 1-103(d).

(b) Certificate of Service.

(1)When Required. A certificate of service shall be filed for every paper that is required to be served.

(2)Form of Certificate of Service.

CERTIFICATE OF SERVICE

I hereby certify that on the __________ day of	_________________________,
		(month)
__________________,	I:
(year)
	[ ]	personally delivered or
	[ ]	mailed by certified mail, postage prepaid,
	[ ]	mailed by first-class mail, postage prepaid, or
	[ ]	mailed by first-class mail, postage prepaid, return service requested,
a copy of this paper to the following persons:
_______________________________________
(name and address)

		_______________________________________
		Signature

(c)Affidavit of Attempts to Contact, Locate, and Identify Interested Persons. An affidavit of attempts to contact, locate, and identify interested persons shall be substantially in the following form:

[CAPTION]

AFFIDAVIT OF ATTEMPTS TO CONTACT, LOCATE, AND IDENTIFY INTERESTED PERSONS

I, ________________________________________ am: (check one)
[ ] a party
[ ] a person interested in the above-captioned matter
[ ] an attorney.
I have reason to believe that the persons listed below are persons interested in the estate of ____________
_____________________________________________
(Provide any information you have)

Name	Relationship	Addresses
______________________	______________________	______________________
______________________	______________________	______________________
______________________	______________________	______________________
______________________	______________________	______________________

I have made a good faith effort to contact, locate, or identify the persons listed above by the following means:


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

(d) Proof. If there is no proof of actual notice, and (1) first-class mail is returned as undeliverable, with no forwarding address, (2) first-class mail, return service requested, is returned as undeliverable with no forwarding address, or (3) certified mail is sent and no return receipt is received apparently signed by the addressee, no action taken in a proceeding may prejudice the rights of the person entitled to notice unless proof is made by verified writing to the satisfaction of the court or register that reasonable efforts have been made to locate and warn the addressee of the pendency of the proceeding.

Cross reference: Code, Estates and Trusts Article, § 1-103(c).

Md. R. Estate Settlem. 6-125

Adopted June 28, 1990, eff. 1/1/1991. Amended April 8, 1997, eff. 7/1/1997; 5/9/2000, eff. 7/1/2000; 9/17/2015, eff. 1/1/2016; 6/20/2017, eff. 8/1/2017.

HISTORICAL NOTES

2000 Orders

The May 9, 2000, order, in section (b), in the forms, deleted the prefix "19 in the year.

2015 Orders

The September 17, 2015, order, added a form of affidavit of attempts to contact, locate, and identify interested persons, modified the Certificate of Service in section (b), and made stylistic changes.

2017 Orders

The August 1, 2017, order, replaced "certified mail with "first-class mail return service requested in subsection (a)(1), added a new subsection (a)(2) pertaining to service to a forwarding address, collapsed the forms in subsections (b)(2) and (b)(3) into one form of certificate of service that includes "first class-mail, return service requested, and revised section (d) to conform with changes to the Rule.