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Terms Used In Maryland Code, ESTATES AND TRUSTS 9-107

  • Personal representative: includes an administrator and an executor. See
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(a) (1) When two or more heirs or legatees are entitled to distribution of undivided interests in property of the estate, the personal representative or one or more of the heirs or legatees may petition the court before the formal or informal closing of the estate, to make partition.

(2) After notice to the interested heirs or legatees and subject to the requirements of Title 14, Subtitle 7 of the Real Property Article, the court shall partition the property in the same manner as provided by law for civil actions of partition.

(b) The court may direct the personal representative to sell property which cannot be partitioned without prejudice to the owners and cannot conveniently be allotted to one party.