Maryland § 10-104

Full text of Maryland Maryland Code § 10-104, with citation guidance and answers to common questions.

§ 10-104.

    (a)    Except as provided in subsection (c) of this section, if property is discovered after an estate has been closed and the appointment of the personal representative has been terminated under § 10–101 of this subtitle, the court, on petition of an interested person and on any notice as the court may direct, may appoint the same or a successor personal representative and make other appropriate orders.

    (b)    Further proceedings shall be conducted in accordance with the provisions of the estates of decedents law as may be applicable, but no claim previously barred may be asserted in the reopened administration.

    (c)    (1)    Subject to paragraph (2) of this subsection, if a check payable to a decedent or the estate of a decedent for a sum not exceeding $1,000 is discovered after an estate is closed and the appointment of the personal representative has terminated under § 10–101 of this subtitle, on a verified petition made by an interested person, the court may enter an order authorizing the interested person 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 Title 3, Subtitle 1 of this article.

        (2)    (i)    Unless requested by an interested person, the court may enter an order under paragraph (1) of this subsection without a hearing.

            (ii)    The court may not enter an order under paragraph (1) of this subsection if:

                1.    The estate of the decedent 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 under § 5–601 of this article 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.

            (iii)    The distribution of funds by an interested person under paragraph (1) of this subsection must be made within 60 days after the court’s order authorizing the distribution.

Frequently Asked Questions About Maryland § 10-104

What does Maryland Code § 10-104 cover?

Section 10-104 is part of the Maryland Code, the codified statutory law of Maryland. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Maryland § 10-104?

A common citation format is "Maryland Code § 10-104" (Maryland). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Maryland law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Maryland official source linked on this page or consult a licensed Maryland attorney.

How does Maryland § 10-104 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Maryland can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Maryland.