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rvlaw
rvlaw, Lawyer (JD)
Category: Legal
Satisfied Customers: 8386
Experience:  NYC Trial Atty. 30 yrs.- pers. inj., contracts, real estate, criminal, estates, matrimonial.
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How long can an executor keep an estate open

Resolved Question:

Everything has been sold from the estate and is an estate account. The funds have not been released to the inheritors and there are no more claims against the estate. How long can the executor keep from distributing the funds?
Submitted: 9 years ago.
Category: Legal
Expert:  rvlaw replied 9 years ago.

Hi,

In MD, the executor has to render an accounting and must have discharged his duties as such prior to doing so. The time limits are, by statute:

§ 7-305. When to render accounts.

(a) In general.- Accounts shall be rendered by the personal representative:

(1) Within 9 months from the date of the appointment of the personal representative;

(2) Within 6 months after the account referred to in paragraph (1) of this subsection and within 6 months after each account thereafter until the filing of the final account;

(3) Upon termination of the appointment of the personal representative, as provided in Title 6, Subtitle 3 of this article; and

(4) At the other times ordered by the court.

(b) Extensions.- Upon written application of the personal representative, the court for good cause shown may extend to a specified date the time for rendering an account.

If distributions and the accounting haven't been made and filed within these parameters, you should petition the court that they/it be done.

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