PARRIS N. GLENDENING, Governor H.B. 1208
Parris N. Glendening
Governor
House Bill No. 1208
AN ACT concerning
Estates and Trusts - First Notices - Ordinary First Class Mail
FOR the purpose of repealing the requirement that certain first notices be deposited as
restricted delivery mail; establishing that certain first notices are sufficient if
deposited as ordinary first class mail; authorizing the orphans' court to require or a
personal representative to elect to have certain first notices delivered by restricted
delivery mail at the expense of the estate; and generally relating to required notices
under the Estates and Trusts Article.
BY repealing and reenacting, with amendments,
Article - Estates and Trusts
Section 1-103(a) and (b)
Annotated Code of Maryland
(1991 Replacement Volume and 1995 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Estates and Trusts
1-103.
(a) (1) Unless personal service or some other method of notice is expressly
required in this article or by the Maryland Rules, the first notice required [or permitted]
to be given a person is sufficient if deposited as [restricted delivery mail] ORDINARY
FIRST CLASS MAIL, postage prepaid, [return receipt requested,] addressed to the
addressee at the address last known to the SENDER [sender, with delivery restricted to
the addressee].
(2) AT THE EXPENSE OF THE ESTATE, THE ORPHANS' COURT MAY
REQUIRE OR THE PERSONAL REPRESENTATIVE MAY ELECT TO HAVE THE FIRST
NOTICE GIVEN BY RESTRICTED DELIVERY MAIL, POSTAGE PREPAID, RETURN
RECEIPT REQUESTED, ADDRESSED TO THE ADDRESSEE AT THE ADDRESS LAST
KNOWN TO THE SENDER, WITH DELIVERY RESTRICTED TO THE ADDRESSEE
(b) A subsequent notice is sufficient if deposited as [ordinary] FIRST CLASS
mail, postage prepaid, addressed to the same address at which the first notice was
received [, as evidenced by return through the post office of the return receipt for the
notice,] or. after notice in writing from the addressee of a change of address, to his new
address.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
July 1, 1996.
- 4379 -
|