Detailed Answer
Under Maryland law, a personal representative removed by the Orphans’ Court may appeal that decision. The Orphans’ Court oversees probate matters, including removal of executors or administrators under Estates & Trusts § 7-305. This statute authorizes removal for incapacity, misconduct, or improper management of estate assets.
If you receive an order removing your appointment, you can appeal to the Circuit Court in the county where the estate is pending. Maryland law and court rules set the appeal process.
Grounds for Appeal
- Legal error in applying removal standards
- Insufficient evidence to support removal
- Procedural error or denial of a fair hearing
Filing an Appeal
- File a notice of appeal in the Orphans’ Court within 30 days of the removal order per Courts & Judicial Proceedings § 12-501.
- Pay the filing fee or request a waiver if you qualify.
- Prepare and file the record extract, including transcripts, under Md. Rule 8-411.
- Serve opposing parties and follow briefing schedules under Md. Rule 8-503.
- Attend the Circuit Court hearing, where the judge reviews the Orphans’ Court record for legal errors and abuses of discretion.
If the Circuit Court’s decision is unfavorable, you may seek further review by the Maryland Court of Special Appeals within 30 days under Courts & Judicial Proceedings § 12-202. In limited cases, the Court of Appeals may grant certiorari or a writ of certiorari.
Disclaimer: This article provides general information and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Helpful Hints
- Track all deadlines carefully to preserve your right to appeal.
- Request transcripts immediately to avoid delays in preparing the record.
- Consider mediation if parties seek a faster, less costly resolution.
- Maintain detailed records of your estate administration to support your actions.
- Consult an attorney experienced in Maryland probate appeals to navigate procedural requirements.