Bill would create task force to study Maryland fiduciary adjudication and court structure

Delegate John Carden and witnesses from the Maryland State Bar Association and registers of wills told the House Judiciary Committee that House Bill 315 would set up a task force to examine how fiduciary matters are adjudicated across Maryland’s courts and registers’ offices.

Proponents said the state’s current system is fragmented: probate matters, trust litigation and Orphans’ Court proceedings can sit in different venues (Orphans’ Court, circuit court, federal court), and the qualifications, caseloads and resources for Orphans’ Court judges vary across counties. Witnesses urged a statewide review of jurisdiction, training, case consolidation, appeals practice (including de novo appeals), and resourcing.

Elizabeth Fitch, a former Orphans’ Court judge, and Byron McFarland, a register of wills, described operational differences across jurisdictions and urged the task force to consider preserving the accessibility of local specialty courts while addressing inconsistencies in jurisdiction and resources.

Sponsors described proposed amendments to equalize stakeholder representation on the task force and said the governor would designate the chair. The task force would research practices in other states, analyze jurisdictional overlaps, review judge qualifications and recommend best practices to improve efficiency and access for the public.

Committee members asked whether the task force had pre-determined aims; witnesses said they sought an open, evidence-driven review. No committee vote was recorded during the hearing.