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West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 6. Settlement of Decedents' Estates
Chapter 100. General Provisions
MD Rules, Rule 6-111
(a) Administrative or Judicial Probate. Administrative or judicial probate shall be commenced in the county in which the decedent was domiciled at the time of death or, if the decedent was not domiciled in Maryland, in the county which the petitioner believes was the situs of the largest part in value of the decedent's property in Maryland at the time of the decedent's death. For this purpose, (1) the situs of tangible personal property is its location; (2) the situs of intangible personal property is the location of the instrument evidencing the property or, in the absence of an instrument, the residence of the debtor; and (3) the situs of an interest in property held in trust is any county where the trustee may be sued.
(b) Caveat. The venue for a caveat proceeding shall be the county in which probate proceedings are pending. If probate proceedings are not pending in any county, venue shall be in the county in which probate proceedings could have been commenced pursuant to section (a) of this Rule.
(c) Proceedings in More Than One County. Probate proceedings may not be maintained in more than one county. If proceedings are commenced in more than one county, the court of the county in which proceedings were filed first has exclusive jurisdiction to determine venue. If proper venue is determined to be in another county, the proceedings, including any will, petition, or other paper filed, shall be transferred to the proper court.
Cross reference: Code, Estates and Trusts Article, ยง 5-103.


[Adopted June 28, 1990, eff. Jan. 1, 1991.]
MD Rules, Rule 6-111, MD R DEC EST Rule 6-111
Current with amendments received through October 1, 2023. Some sections may be more current, see credits for details.
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