SB 151
Department of Legislative Services
Maryland General Assembly
2020 Session
FISCAL AND POLICY NOTE
Third Reader - Revised
Senate Bill 151 (Senator West)
Judicial Proceedings Judiciary
Estates and Trusts - Closed Estates - Subsequent Discovery of Check
This bill authorizes an orphans’ court – following the discovery of a check payable to a
decedent or the estate of a decedent equal to or less than $1,000, after an estate is closed
and the appointment of the personal representative is terminated – to enter an order
authorizing an interested person, who has made a verified petition, to indorse and deposit
the check into the interested person’s bank account for the limited purpose of distributing
the funds in accordance with the will or, if the decedent died intestate, in accordance with
applicable statutory provisions. However, such an order may not be entered if (1) the estate
of the decent was insolvent when it was closed; (2) the check discovered after the estate
was closed increases the value of the estate above the value that qualifies for administration
as a small estate; or (3) any additional fees and inheritance taxes due as a result of the
discovered check are not paid with the petition. The order may be entered without a
hearing, unless requested by an interested person, and distribution of the funds must be
made within 60 days after the court’s order.
Fiscal Summary
State Effect: The bill is not anticipated to materially affect State finances or operations.
Local Effect: The bill is not anticipated to materially affect local government finances or
operations.
Small Business Effect: None.
 Analysis
Current Law: Under § 10-101 of the Estates and Trust Article, the final approval of the
final account automatically closes an estate. If the final account requests it, it also
automatically terminates the appointment of the personal representative.
If the appointment of the personal representative is not terminated by the final account, a
personal representative may, after the time has passed for presenting claims that arose
before the death of the decedent, petition the orphans’ court for an order to terminate the
personal representative’s appointment as personal representative. After notice to all
interested persons, including creditors who have presented their claims and legatees who
have not been paid in full, the court may enter an appropriate order if a written request for
a hearing has not been filed within 20 days.
If property is discovered after an estate has been closed and the appointment of the personal
representative has been terminated, the orphans’ court, on petition of an interested person
and on such notice as it may direct, may appoint the same or a successor personal
representative and make other appropriate orders. Further proceedings must be conducted
pursuant to the provisions of the estates of decedents law as may be applicable, but no
claim previously barred may be asserted in the reopened administration.
Generally, if the property of the decedent subject to administration in the State is
established to have a value of $50,000 or less as of the date of the death of the decedent,
the estate may be administered under existing statutory provisions that govern small
estates.
An “interested person” is (1) a person named as executor in a will; (2) a person serving as
personal representative after judicial or administrative probate; (3) a legatee in being, not
fully paid, whether the legatee’s interest is vested or contingent; (4) an heir even if the
decedent dies testate, except that an heir of a testate decedent ceases to be an interested
person when the register has given specified notice; or (5) an heir or legatee whose interest
is contingent solely on whether some other heir or legatee survives the decedent by a stated
period if the other heir or legatee has died with that period.
Additional Information
Prior Introductions: None.
Designated Cross File: HB 543 (Delegate Bhandari, et al.) - Judiciary.
SB 151/ Page 2
Information Source(s): Comptroller’s Office; Judiciary (Administrative Office of the
Courts); Register of Wills; Department of Legislative Services
Fiscal Note History: First Reader - January 20, 2020
rh/sdk Third Reader - March 14, 2020
Revised - Amendment(s) - March 14, 2020
Analysis by: Donavan A. Ham Direct Inquiries to:
(410) 946-5510
(301) 970-5510
SB 151/ Page 3


Statutes affected:
Text - First - Estates and Trusts - Closed Estates - Subsequent Discovery of Check: 10-104 Estates and Trusts
Text - Third - Estates and Trusts - Closed Estates - Subsequent Discovery of Check: 10-104 Estates and Trusts, 10-101 Estates and Trusts