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PARRIS N. GLENDENING, Governor H.B. 13
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2. All principal and income receipts; and
3. All increases realized on a disposition, other than a
distribution to beneficiaries, of any probate asset; less
(ii) THE SUM OF:
1. All decreases realized on a disposition, other than a
distribution to beneficiaries, of any probate asset; AND
2. THE VALUE OF ALL DISTRIBUTIONS TO OR FOR THE
BENEFIT OF:
A. THE SURVIVING SPOUSE OF THE DECEDENT; OR
B. AN ORGANIZATION THAT IS EXEMPT FROM TAXATION
UNDER § 501(C)(3) OF THE INTERNAL REVENUE CODE OR TO WHICH TRANSFERS ARE
DEDUCTIBLE UNDER § 2055 OF THE INTERNAL REVENUE CODE.
[(4)] (5) If an estate proceeds through modified administration, for the
purpose of determining the appropriate fee under paragraph (2) of this subsection, the
value of an estate is the gross value of the probate assets reported on the final report
under modified administration LESS THE VALUE OF ALL DISTRIBUTIONS TO OR FOR
THE BENEFIT OF:
(I) THE SURVIVING SPOUSE OF THE DECEDENT; OR
(II) AN ORGANIZATION THAT IS EXEMPT FROM TAXATION UNDER §
501(C)(3) OF THE INTERNAL REVENUE CODE OR TO WHICH TRANSFERS ARE
DEDUCTIBLE UNDER § 2055 OF THE INTERNAL REVENUE CODE.
[(5)](6) (i) Except as provided in subparagraphs (ii) and (iii) of this
paragraph, the register shall assess and collect the probate fee when the first
administration account is filed.
(ii) If there are any additions to the value of a probate estate, as
reflected in any subsequent administration account; the register shall:
1. Assess an additional fee in an amount equal to the excess
of:
A. The fee as determined under paragraph (2) of this
subsection based on the value of the probate estate as reflected in the currently filed
administration account; over
B. The fee as determined under paragraph (2) of this
subsection based on the value of the probate estate as reflected in the most recent
previously filed administration account; and
2. Collect the additional fee when the subsequent
administration account is filed.
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- 4219 -
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