Maryland Rules Committee: Probate & Guardianship Matters Under Consideration

The Maryland Rules Committee’s Probate and Fiduciary Subcommittee is considering several probate and guardianship matters that may be of particular interest to elder law and estate planning attorneys. Committee staff has invited members of our Section to submit comments or attend the Subcommittee meeting.

Automatic Termination of an Attorney’s Appearance in an Estate

A proposed amendment to Rule 6-132 would provide for automatic termination of an attorney’s appearance, unless the court orders otherwise, upon the closing of a small estate, entry of an order approving the final account of a regular estate, or entry of an order closing an estate under modified administration. The proposal was requested by the Registers of Wills and the MSBA Estate and Trust Law Section.

Specific Transactions as an Alternative to Guardianship

Rule 10-304.2 permits a court to authorize a specific transaction to meet a demonstrated need of a minor or disabled person as a less restrictive alternative to guardianship of property. The Rule contemplates transactions related to Medical Assistance eligibility, including marshalling assets, obtaining financial records, spend-down of income or resources, creating a Medicaid-eligible trust, arranging burial, and establishing an ABLE account.

The current materials also identify a procedural issue concerning service. Requiring an ordinary certificate-of-service process for a motion may delay the specific-transaction procedure. The Subcommittee is considering whether the Rules should more clearly provide that the show-cause procedure governs these matters.

Guardianship Medical Certificates

Proposed conforming amendments to Rules 10-112, 10-202, and 10-301 would add licensed physician assistants to the health care professionals who may provide a qualifying certificate in a guardianship proceeding. The change would conform the Rules to legislation enacted during the 2026 General Assembly session.

The Mishra Guardianship Decision

The Subcommittee is also considering the recent Appellate Court of Maryland decision in In the Matter of Anita Rani Mishra. The decision addresses guardianship procedure when a petition does not include the required medical certificates and the circumstances in which a show-cause order should issue. The matter has been referred to the Guardianship and Vulnerable Adults Workgroup for consideration of whether changes to the Rules are necessary or desirable.

Personal Representatives and U.S. Domicile

Proposed changes to Rule 6-122 would conform the probate petition form to 2026 legislation affecting eligibility to receive letters of administration. The legislation adds a United States domicile requirement for an individual relying on the specified statutory exception.

Probate Venue for Nonresident Decedents

The Subcommittee is also considering revisions to Rule 6-111 to conform the Rule to legislation changing probate venue for decedents who were not domiciled in Maryland. The underlying legislation also addresses the inheritance-tax situs of intangible personal property and related inheritance-tax provisions.

Opportunity for Chapter Member Participation

Committee staff has specifically invited members of our Section to submit comments or attend the Subcommittee meeting regarding the matters on the agenda. If any of these issues affect your practice, raise concerns, or you have practical experience that may be helpful to the Subcommittee, please let me know if you would like to submit a comment or attend the meeting. This is an opportunity to provide input while these matters are still being considered at the Subcommittee level.