SB 149
Department of Legislative Services
Maryland General Assembly
2020 Session
FISCAL AND POLICY NOTE
Third Reader
Senate Bill 149 (Senator West)
Judicial Proceedings Judiciary
Orphans' Courts - Appeals - Procedures
This bill alters statutory provisions regarding the appeal of a final judgment of the orphans’
court by (1) requiring a notice of appeal, instead of an order for appeal, to be filed with the
register of wills within a specified timeframe and (2) extending, from 30 days to 60 days,
the time period by which the register of wills must transmit all pleadings and orders, as
specified. The bill applies prospectively and only affects appeals filed on or after the bill’s
October 1, 2020 effective date.
Fiscal Summary
State Effect: The bill does not materially affect State operations or finances, as it the
generally conforms statutory language to the applicable Maryland Rule.
Local Effect: The bill does not materially affect local government operations or finances,
as it generally conforms statutory language to the applicable Maryland Rule.
Small Business Effect: None.
Analysis
Current Law: Although a party is authorized to file a direct appeal to the Court of Special
Appeals from the final judgment of an orphans’ court, as specified, a party may instead
appeal to the circuit court. The appeal must be heard de novo by the circuit court and treated
as if it were a new proceeding, as specified. Pursuant to statutory requirements, an appeal
must be taken by filing an order for appeal with the register of wills within 30 days after
the date of the final judgment from which the appeal is taken. Within 30 days, the register
of wills must transmit all pleadings and orders of the proceedings to the court to which the
appeal is taken, unless the orphans’ court extends the time.
Maryland Rules 7-501 through 7-510 set forth additional procedures regarding appeals
from the orphans’ court. Pursuant to the Maryland Rules, appellate review in the circuit
court may be obtained only if a notice of appeal is filed, as specified. Maryland Rule 7-505
requires the register of wills to transmit the appropriate records to the circuit court within
60 days after the date the first notice of appeal is filed, unless a different time is fixed by
court order. On motion or on its own initiative, the orphans’ court or the circuit court, on a
showing of good cause, may shorten or extend the time for the record transmission.
Background: Under the Maryland Constitution, each county elects, for a term of
four years, three judges to the orphans’ court of their respective jurisdictions, with the
exception of Harford and Montgomery counties, where a circuit court judge sits as the
orphans’ court. The orphans’ courts are the State’s probate courts. The courts supervise the
handling of estates and also have certain jurisdiction over the guardianship of minors and
their property.
Among other duties, registers of wills provide administrative support to the orphans’ court.
Registers of wills are elected to four-year terms under the Maryland Constitution.
Additional Information
Prior Introductions: None.
Designated Cross File: HB 247 (Delegate Malone) - Judiciary.
Information Source(s): Judiciary (Administrative Office of the Courts); Register of
Wills; Department of Legislative Services
Fiscal Note History: First Reader - January 20, 2020
af/lgc Third Reader - February 11, 2020
Analysis by: Jennifer K. Botts Direct Inquiries to:
(410) 946-5510
(301) 970-5510
SB 149/ Page 2


Statutes affected:
Text - First - Orphans' Courts - Appeals - Procedures: 12-502 Courts and Judicial Proceedings
Text - Third - Orphans' Courts - Appeals - Procedures: 12-502 Courts and Judicial Proceedings