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Section 9-102 – Renunciation by Testamentary Trustee

    (a)    A trustee appointed by will to execute a trust contained in it may decline to accept the appointment by filing a statement of renunciation with the register of the county in which the will is admitted to probate before the trustee receives property or performs an act pursuant to the trust.     (b)    (1)    Unless the will provides […]

Section 9-103 – Order in Which Assets Appropriated; Abatement

    (a)    In this section, “legacy” or “legacies” does not include assets passing by the exercise of the decedent of a testamentary power of appointment.     (b)    (1)    Unless a contrary intent is expressed in the will and except as provided in §§ 3–208 and 3–303 of this article and subsection (c) of this section, shares of legatees abate without […]

Section 9-104 – Distribution in Kind

    (a)    Subject to the terms of the will and the needs of administration, the assets of the estate of a decedent shall be distributed in kind to the extent possible through application of the provisions of this section.     (b)    A specific legatee shall receive distribution of the legacy given to the specific legatee.     (c)    A family allowance or […]

Section 9-105 – Execution and Delivery of Evidence of Title

    (a)    When distribution in kind is made, the personal representative shall execute and deliver an instrument or deed of distribution assigning, transferring, or releasing the assets to the distributee as evidence of the title of the distributee to the property.     (b)    Costs payable as a condition of the recordation of a deed shall be paid by the […]

Section 9-106 – Effect of Distribution

    (a)    With the exception that the personal representative shall recover the assets or their value if the distribution was improper, title of the distributees who receive from the personal representative an instrument or deed of distribution of assets in kind is conclusive against all persons interested in the estate.     (b)    (1)    Unless the distribution can no longer be […]

Section 9-107 – Partition for Purpose of Distribution

    (a)    (1)    When two or more heirs or legatees are entitled to distribution of undivided interests in property of the estate, the personal representative or one or more of the heirs or legatees may petition the court before the formal or informal closing of the estate, to make partition.         (2)    After notice to the interested heirs or legatees, […]

Section 9-108 – Where Legatee Not Found, or Resides Outside United States

    (a)    The personal representative shall pay over or transfer the money or property or its proceeds, as directed by order of court, to the board of education in the county where the letters were granted, and it shall be applied for the use of the public schools in such county, whenever it appears to the satisfaction […]

Section 9-109 – Distribution to Minor

    (a)    (1)    Whenever money is distributable by a personal representative to a minor and there is no judicially appointed guardian of the property of the minor, the court may order that the cash be deposited in a banking institution or insured savings and loan association formed under the laws of the State or in the State under […]

Section 9-111 – Release

    On making a distribution, a personal representative may, but is not required to, obtain a verified release from the heir or legatee.

Section 9-112 – Distribution by Court

    (a)    (1)    If the personal representative cannot obtain agreement from all interested persons entitled to share in the distribution of the property, the personal representative may apply to the court to make distribution.         (2)    The court shall designate a day and direct the giving of notice to all interested persons concerned.         (3)    The court may appoint two disinterested individuals, […]