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REPORTER’S NOTE<br />

The Rules Committee recommends a reorganization of Rule 6-<br />

122 to include a section pertaining to limited orders, which are<br />

already in use in many jurisdictions. To effectuate this change,<br />

amendments to section (a) are proposed that add (1) a new column<br />

listing “limited orders” as a choice on the petition which would<br />

now be titled as “Petition,” instead of “Petition for Probate,”<br />

<strong>and</strong> (2) a new listing in the “wherefore” clause at the end of the<br />

initial petition. New sections (c) <strong>and</strong> (d) <strong>and</strong> the pertinent<br />

forms pertaining to limited orders are added.<br />

Allan Gibber, Esq., a consultant to the Probate/Fiduciary<br />

Subcommittee, has noted that in many cases, the Registers of<br />

Wills are not able to close an estate because the personal<br />

representative has not indicated whether all of the claims have<br />

been paid <strong>and</strong> whether distribution of the estate has been made.<br />

The language added to section (a), Schedule B, before the<br />

affirmation clause, requires the personal representative to<br />

represent that he or she has performed all of the necessary<br />

duties, so that the Register can close an estate after the<br />

expiration of the time for filing claims. The language in the<br />

new paragraph is derived from section (a) of Rule 6-211,<br />

Proceedings After Publication.<br />

-184-

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