misrepresentation, by the personal representative in the proceedings leading to his or her appointment.
the personal representative willfully disregards an order of the court.
the personal representative, regardless of fault, is unwilling or unable to discharge his duties
and powers effectively.
the personal representative has mismanaged property.
the personal representative has failed to maintain on file with the Register of Wills, a currently
effective designation of an appropriate local agent for service of process.
the personal representative has failed, without reasonable excuse, to perform a material duty
pertaining to the office.
of the personal representative is always discretionary and the Court may choose not to remove a personal representative, even if it finds that appropriate cause exists which would warrant the
removal. The court must hold a hearing
before a personal representative can be removed. If the personal representative is removed, the court will appoint a new personal representative, and the personal representative being removed
must turn over all property belonging to the estate that is in his possession.
A special administrator shall collect, manage,
and preserve property and account to the personal
representative upon his appointment. A special administrator shall assume all
duties unperformed by a personal representative imposed under Title 7,
Subtitles 2, 3, and 5 of this article, and has all powers necessary to collect,
manage, and preserve property. In
addition, a special administrator has the other powers designated from time to
time by court order. EST. & TRUSTS §
To make this simpler, a special
administrator has all the same duties a personal representative has, but cannot
sell the estate without the permission of the court. According to Green v. Nassif, [a]lthough a Personal
Representative generally has broad powers, the powers of a Special
Administrator are limited to preserving and maintaining estate property, unless
those powers are expanded by court
order. Compare MD.CODE ANN. (1974, 2001 REPL.VOL.), EST. & TRUSTS § 6–403
with MD.CODE ANN., EST. & TRUSTS § 7– 401. For example, a Special Administrator cannot distribute
property without court approval; however, a Personal Representative possesses
such authority. MD.CODE ANN., EST. & TRUSTS §§ 6–403, 7–401. Green v. Nassif, 401 Md. 649 (November,
Therefore, a special administer typically
only deals with property that has a monetary value. Boehm v. Harrington, 54 Md. App. 346, 458
A.2d 885 (1983). Special administrators
are helpful because they preserve the estate and can perform most of the duties
a personal representative are allowed to perform, in order to keep the division
process of the estate moving forward.
However, special administrators are only temporary, and are replaced
once a personal representative is appointed to the estate.
The Law Offices of Baldwin & Briscoe, P.C. also offers these