Given the ability of litigants to appeal cases and the ability to have issues framed and transmitted to the Circuit Court, a question remains whether the proceedings in the Orphans’ Court are in limbo until the other courts deal with the appealed and/or transmitted issues.
In the case of the transmitting of issues, it would seem clear that only those issues are sent to the Circuit Court for determination. The Orphans’ Court does not have any interruption of its fundamental jurisdiction and it continues to oversee probate.
On an appeal from an Orphans’ Court decision, there is an automatic stay of the proceedings in the orphans’ court concerning the issue appealed. The stay, however, only covers the issue appealed. Indeed, Courts Article §12-701(a)(2) provides: “An appeal from an orphans’ court or circuit court does not stay any proceedings in the orphans’ court that do not concern the issue appealed, if the orphans’ court can provide for conforming to the decision of the appellate court.” It is established Maryland law that the appeal only stays such proceedings as are thereby affected and which could not be consistently carried on until the determination of the appeal. Jones v. Jones, 41 Md. 354 (1875). On an appeal of the removal of a personal representative, the removal is stayed according to the statute. The personal representative, however, is held to have only the powers of a special administrator during the appeal.