ROBERT L. EHRLICH, JR., Governor

H.B. 239

personal representative shall have the powers of a special administrator during such
appeals.

Senate Bill 368, which was passed by the General Assembly and signed by me,
accomplishes the same purpose. Therefore, it is not necessary for me to sign House
Bill 239.

Sincerely,

Robert L. Ehrlich, Jr.

Governor

House Bill No. 239

AN ACT concerning

Appeals - Removal of Personal Representative - Successor Personal
Representative or Special Administrator

FOR the purpose of providing that an appeal from a final order of an orphans' court or
a circuit court removing a personal representative does not stay an order
appointing a successor personal representative or special administrator;
providing that a successor personal representative shall have the powers of a
special administrator during certain appeals; providing for the application of
this Act; and generally relating to the powers of successor personal
representatives and special administrators during appeals from certain orders
removing a personal representative.

BY repealing and reenacting, with amendments,
Article - Courts and Judicial Proceedings
Section 12-701(a)
Annotated Code of Maryland
(2002 Replacement Volume)

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

Article - Courts and Judicial Proceedings

12-701.

(a) (1) An appeal from an orphans' court or a circuit court stays all
proceedings in the orphans' court concerning the issue appealed.

(2)     An appeal from an orphans' court or a circuit court does not stay any
proceedings in the orphans' court that do not concern the issue appealed, if the
orphans' court can provide for conforming to the decision of the appellate court.

(3)      (I) AN APPEAL FROM A FINAL ORDER OF AN ORPHANS' COURT OR A
CIRCUIT COURT REMOVING A PERSONAL REPRESENTATIVE DOES NOT STAY AN
ORDER APPOINTING A SUCCESSOR PERSONAL REPRESENTATIVE OR SPECIAL
ADMINISTRATOR.

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