Maryland § 5-702

§ 5-702.

    An election for modified administration may be filed by a personal representative of an estate within 3 months from the date of appointment, if:

        (1)    All residuary legatees of a testate decedent and the heirs at law of an intestate decedent are limited to:

            (i)    The decedent’s personal representative;

            (ii)    Individuals or entities exempt from inheritance tax in the decedent’s estate under § 7–203(b), (e), and (f) of the Tax – General Article; and

            (iii)    Trusts under which each person who has a current interest in the trust is an individual or entity exempt from inheritance tax in the decedent’s estate under § 7–203(b), (e), and (f) of the Tax – General Article;

        (2)    The estate is solvent and sufficient assets exist to satisfy all testamentary gifts;

        (3)    A verified final report under modified administration is filed within 10 months from the date of appointment;

        (4)    Final distribution of the estate can occur within 12 months from the date of appointment; and

        (5)    All residuary legatees of a testate decedent and the heirs at law of an intestate decedent consent to a modified administration as required under § 5–706 of this subtitle.