Registers of Wills - Appointment of Personal Representatives, the official text

WES MOORE, Governor                                       Ch. 537

Chapter 537

                   (House Bill 963)

AN ACT concerning

        Registers of Wills – Appointment of Personal Representatives

FOR the purpose of repealing altering the prohibition on a register of wills or court granting
         letters in administrative or judicial probate to certain individuals who are not
         citizens of the United States; and generally relating to noncitizens and the
         appointment of personal representatives.

BY repealing and reenacting, with amendments,
         Article – Estates and Trusts
         Section 5–105
         Annotated Code of Maryland
         (2022 Replacement Volume and 2025 Supplement)

         SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:

                   Article – Estates and Trusts

5–105.

         (a) (1) In this section, “serious crime” means a crime that reflects adversely on
an individual’s honesty, trustworthiness, or fitness to perform the duties of a personal
representative.

                  (2) “Serious crime” includes fraud, extortion, embezzlement, forgery,
perjury, and theft.

(b) Subject to § 5–104 of this subtitle, the register or court may grant letters to:

             (1) A trust company;

                  (2) Any other corporation authorized by law to be a personal
representative; or

             (3) Subject to subsection (c) of this section, any individual.

         (c) Letters may not be granted to a person who, at the time a determination of
priority is made, has filed with the register a declaration in writing that the person
renounces the right to administer or is:

             (1) Under the age of 18 years;
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Ch. 537  2026 LAWS OF MARYLAND

                  (2) Mentally incompetent;

                  (3) Convicted of a serious crime, unless the person shows good cause for the
granting of letters;

                [(4) Not a citizen OR A PERMANENT RESIDENT of the United States unless
the person is a permanent resident of the United States and is:

                         (i) DOMICILED IN THE UNITED STATES; AND

                         (II) 1. The spouse of the decedent;

                         (ii) 2. An ancestor of the decedent;

                         (iii) 3. A descendant of the decedent; or

                         (iv) 4. A sibling of the decedent;]

                [(5)] (4) A full–time judge of a court established under the laws of
Maryland or the United States including a judge of an orphans’ or probate court, or a clerk
of court, or a register, unless the person is the surviving spouse or is related to the decedent
within the third degree; or

                [(6)] (5) A nonresident of the State, unless there shall be on file with the
register an irrevocable designation by the nonresident of an appropriate person who resides
in the State on whom service of process may be made in the same manner and with the
effect as if it were served personally in the State on the nonresident.

         SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2026.

Approved by the Governor, May 12, 2026.

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