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RULE 6-301. PETITION FOR PROBATE

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 6. Settlement of Decedents' Estates
Chapter 300. Opening Estates
MD Rules, Rule 6-301
RULE 6-301. PETITION FOR PROBATE
(a) Form of Petition.
A petition for probate, whether administrative or judicial, shall be filed with the register in the form set forth in Rule 6-122 (a).
Cross reference: Code, Estates and Trusts Article, ยงยง 5-104, 5-105, 5-301, and 5-401.
(b) Modification of Form. The form set forth in Rule 6-122 (a) shall be appropriately modified if the petitioner for judicial probate is not requesting appointment as personal representative.
(c) Additional Documents--Administrative Probate. A petition for administrative probate shall be accompanied by a Notice of Appointment in duplicate (Rule 6-311), a Bond (Rule 6-312 (a) or (b)), and, if required: a Consent to Appointment of Personal Representative (Rule 6-313), a Renunciation of Right to Letters (Rule 6-314), and Appointment of Resident Agent (Rule 6-315), and a Proof of Execution of Will (Rule 6-152). The List of Interested Persons (Rule 6-316) may be filed by the petitioner at this time and, if not so filed, shall be filed by the personal representative within 20 days after appointment.
(d) Additional Documents--Judicial Probate. A petition for judicial probate shall be accompanied by a List of Interested Persons (Rule 6-316), including all legatees under any will or codicil offered for probate, and if required: a Personal Representative's Acceptance and Consent (Rule 6-342), a Consent to Appointment of Personal Representative (Rule 6-313), a Renunciation of Right to Letters (Rule 6-314), and an appointment of Resident Agent (Rule 6-315).

Credits

[Adopted June 28, 1990, eff. Jan. 1, 1991. Amended Feb. 10, 1998, eff. July 1, 1998.]
MD Rules, Rule 6-301, MD R DEC EST Rule 6-301
Current with amendments received through October 1, 2023. Some sections may be more current, see credits for details.
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