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Session Laws, 1969
Volume 692, Page 68   View pdf image
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68                               LAWS OF MARYLAND                         [CH. 3

(1)    property not disposed of by the will;

(2)    residuary legacies;

(3)    general legacies;

(4) specific and demonstrative legacies.

Abatement within each classification is in proportion to the amounts
of property each of the legatees (or heirs) would have received, had
full distribution of the property been made in accordance with the
terms of the will.

(b) Abatement; sales, contribution. When the subject matter
of a preferred legacy is sold or used incident to administration,
appropriate adjustments in, or contributions from, other interests
in the remaining assets shall be effected.

9-105 9-104. Distribution in kindvaluation; method.

Subject to the terms of any will and the needs of administration,
the assets of a decedent's estate shall be distributed in kind to the
extent possible through application of the provisions herein.

(a)    A specific legatee shall receive distribution of the thing
given to him.

(b)    Any family allowance, intestate succession, statutory share
or legacy payable in money may be satisfied by value in kind provided

(1)    the person entitled to the payment has not demanded pay-
ment in cash,

(2)    the property distributed in kind is valued at fair market
value as of the date of its distribution, and

(3)    no residuary legatee has requested that the asset in question
remain a part of the residue of the estate.

(c)    The residuary estate shall be distributed in kind when there
is no objection to the proposed distribution, or when it is practicable
to distribute undivided interests. In other cases, residuary property
may be converted into cash for distribution.

(d)    After the probable charges against the estate are known,
the personal representative may mail or deliver a proposal for dis-
tribution to all persons who have a right to object to the proposed
distribution. The right of any distributee to object to the proposed
distribution if not waived in writing, terminates if he fails to
object in writing received by the personal representative within 30
days after mailing or delivery of the proposal.

9-106 9-105. Distribution in kindevidence.

When distribution in kind is made, the personal representative shall
execute an instrument or deed of distribution assigning, transferring
or releasing the assets to the distributee as evidence of the dis-
tributee's title to the property. In addition to any other indexing,
any such deed recorded among the land records shall be indexed in
the Grantor Index under the decedent's name.