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*hb0963*
HOUSE BILL 963
N2 (6lr1727)
ENROLLED BILL
— Judiciary/Judicial Proceedings —
Introduced by Delegates Woorman, Acevero, Boyce, Kaiser, Kaufman, Martinez,
Palakovich Carr, Ruth, Simmons, Terrasa, Wims, and Wolek
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
Speaker.
CHAPTER ______
AN ACT concerning 1
Registers of Wills – Appointment of Personal Representatives 2
FOR the purpose of repealing altering the prohibition on a register of wills or court granting 3
letters in administrative or judicial probate to certain individuals who are not 4
citizens of the United States; and generally relating to noncitizens and the 5
appointment of personal representatives. 6
BY repealing and reenacting, with amendments, 7
Article – Estates and Trusts 8
Section 5–105 9
Annotated Code of Maryland 10
(2022 Replacement Volume and 2025 Supplement) 11
2 HOUSE BILL 963
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Estates and Trusts 3
5–105. 4
(a) (1) In this section, “serious crime” means a crime that reflects adversely on 5
an individual’s honesty, trustworthiness, or fitness to perform the duties of a personal 6
representative. 7
(2) “Serious crime” includes fraud, extortion, embezzlement, forgery, 8
perjury, and theft. 9
(b) Subject to § 5–104 of this subtitle, the register or court may grant letters to: 10
(1) A trust company; 11
(2) Any other corporation authorized by law to be a pers onal 12
representative; or 13
(3) Subject to subsection (c) of this section, any individual. 14
(c) Letters may not be granted to a person who, at the time a determination of 15
priority is made, has filed with the register a declaration in writing that the perso n 16
renounces the right to administer or is: 17
(1) Under the age of 18 years; 18
(2) Mentally incompetent; 19
(3) Convicted of a serious crime, unless the person shows good cause for the 20
granting of letters; 21
[(4) Not a citizen OR A PERMANENT RESIDENT of the United States unless 22
the person is a permanent resident of the United States and is: 23
(i) DOMICILED IN THE UNITED STATES; AND 24
(II) 1. The spouse of the decedent; 25
(ii) 2. An ancestor of the decedent; 26
(iii) 3. A descendant of the decedent; or 27
(iv) 4. A sibling of the decedent;] 28
HOUSE BILL 963 3
[(5)] (4) A full –time judge of a court established under the laws of 1
Maryland or the United States including a judge of an orphans’ or probate court, or a clerk 2
of court, or a register, unless the person is the surviving spouse or is related to the decedent 3
within the third degree; or 4
[(6)] (5) A nonresident of the State, unless there shall be on file with the 5
register an irrevocable designation by the nonresident of an appropriate person who resides 6
in the State on whom service of process may be made in the same manner and with the 7
effect as if it were served personally in the State on the nonresident. 8
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 9
October 1, 2026. 10
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.