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§ 5-304. Actions taken after administrative probate final and binding

West's Annotated Code of MarylandEstates and TrustsEffective: October 1, 2019

West's Annotated Code of Maryland
Estates and Trusts (Refs & Annos)
Title 5. Opening the Estate (Refs & Annos)
Subtitle 3. Administrative Probate (Refs & Annos)
Effective: October 1, 2019
MD Code, Estates and Trusts, § 5-304
§ 5-304. Actions taken after administrative probate final and binding
Currentness
In general
(a)(1) Unless a timely request for judicial probate has been filed pursuant to subsection (b) of this section, or unless a request has been filed pursuant to § 5-402 of this title within 6 months of administrative probate, any action taken after administrative probate shall be final and binding as to all interested persons.
(2) Except as provided in subsection (b) of this section, a defect in a petition or proceeding relating to administrative probate shall not affect the probate or the grant of letters.
Grounds for setting aside administrative probate
(b) An administrative probate may be set aside and a proceeding for judicial probate instituted if, following a request by an interested person within 18 months of the death of decedent, the court finds that:
(1) The proponent of a later offered will, in spite of the exercise of reasonable diligence in efforts to locate any will, was actually unaware of the existence of a will at the time of the prior probate;
(2) The notice provided in § 2-210 of this article was not given to such interested person nor did the interested person have actual notice of the petition for probate; or
(3) There was fraud, material mistake, or substantial irregularity in the prior probate proceeding.

Credits

Added by Acts 1974, c. 11, § 2, eff. July 1, 1974. Amended by Acts 1975, c. 88; Acts 1985, c. 10, § 3; Acts 2019, c. 197, § 1, eff. Oct. 1, 2019.
Formerly Art. 93, § 5-304.
MD Code, Estates and Trusts, § 5-304, MD EST & TRST § 5-304
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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