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Ch. 106 2005 LAWS OF MARYLAND
CHAPTER 106
(Senate Bill 45)
AN ACT concerning
Estates - Personal Representatives - Nomination by Power Conferred in Will
FOR the purpose of adding personal representatives who have been nominated in
accordance with a power conferred in a will that has been admitted to probate to
a listing by priority of persons who may be granted letters in administrative or
judicial probate or appointed as successor personal representatives or special
administrators; establishing that personal representatives who have been
nominated in accordance with a power conferred in a will that has been
admitted to probate are entitled to probate; making a technical correction; and
generally relating to estates and the nomination of personal representatives.
BY repealing and reenacting, with amendments,
Article - Estates and Trusts
Section 5-104 and 5-106
Annotated Code of Maryland
(2001 Replacement Volume and 2004 Supplement)
SECTION. 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Estates and Trusts
5-104.
In granting letters in administrative or judicial probate, or in appointing a
successor personal representative, or a special administrator as provided in Subtitle 4
of Title 6, the court and register shall observe the following order of priority, with any
person in any one of the following paragraphs considered as a class:
(1) The personal representatives named in a will admitted to probate;
(2) THE PERSONAL REPRESENTATIVES NOMINATED IN ACCORDANCE
WITH A POWER CONFERRED IN A WILL ADMITTED TO PROBATE;
[(2)] (3) The surviving spouse and children of an intestate decedent, or
the surviving spouse of a testate decedent;
[(3)] (4) The residuary legatees;
[(4)] (5) The children of a testate decedent who are entitled to share in
the estate;
[(5)] (6) The grandchildren of the decedent who are entitled to share in
the estate;
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