ROBERT L. EHRLICH, JR., Governor

Ch. 298

Article - Estates and Trusts

Section 5-105

Annotated Code of Maryland

(2001 Replacement Volume and 2003 Supplement)

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

Article - Estates and Trusts
5-105.

(a)     Subject to § 5-104 of this subtitle, the register or court may grant letters
to:

(1)     A trust company;

(2)     Any other corporation authorized by law to be a personal
representative; or

(3)     Subject to subsection (b) of this section, any individual.

(b)     Letters may not be granted to a person who, at the time a determination of
priority is made, has filed with the register a declaration in writing that the person
renounces the right to administer or is:

(1)     Under the age of 18 years;

(2)     Mentally incompetent;

(3)     Convicted of a serious crime;

(4)     Not a citizen of the United States unless the person [is the spouse of
the decedent and] is a permanent resident of the United States AND IS:

(I)  THE SPOUSE OF THE DECEDENT;

(II)  AN ANCESTOR OF THE DECEDENT; OR

(III) A DESCENDANT OF THE DECEDENT; OR

(IV)  A SIBLING OF THE DECEDENT;

(5)     A full-time judge of a court established under the laws of Maryland
or the United States including, a judge of an orphans' or probate court, or a clerk of
court, or a register, unless the person is the surviving spouse or is related to the
decedent within the third degree; or

(6)     A nonresident of the State, unless there shall be on file with the
register an irrevocable designation by the nonresident of an appropriate person who
resides in the State on whom service of process may be made in the same manner and
with the effect as if it were served personally in the State on the nonresident.

- 1111 -