RULE 6-431. CAVEAT
West's Annotated Code of MarylandMaryland Rules
MD Rules, Rule 6-431
RULE 6-431. CAVEAT
(a) Petition. A petition to caveat may be filed by an heir of the decedent or a legatee in any instrument purporting to be a will or codicil of the decedent. The petition may challenge the validity of any instrument purporting to be the decedent's will or codicil, whether or not offered for or admitted to probate.
(1) Generally. Except as otherwise provided by this Rule, a petition to caveat shall be filed within six months after the first appointment of a personal representative under a will, even if there has been a subsequent judicial probate or appointment of a personal representative under that will. If another will or codicil is subsequently offered for probate, a petition to caveat that will or codicil shall be filed within three months after that will or codicil is admitted to probate or within six months after the first appointment of a personal representative under the first probated will, whichever is later.
(2) Exceptions. Upon petition filed within 18 months after the death of the decedent, a person entitled to file a petition to caveat may request an extension of time for filing the petition to caveat on the grounds that the person did not have actual or statutory notice of the relevant probate proceedings, or that there was fraud, material mistake, or substantial irregularity in those proceedings. If the court so finds, it may grant an extension.
Cross reference: Code, Estates and Trusts Article, §§ 5-207, 5-304, 5-406, and 5-407.
(d) Additional Documents. A petition to caveat shall be accompanied by a list of all interested persons who could be affected by the proceeding in the form prescribed by Rule 6-316, a Notice of Caveat in the form set forth in section (e) of this Rule, and a Public Notice of Caveat in the form set forth in section (f) of this Rule.
NOTICE OF CAVEAT
As an interested person, you are notified that:
(1) A petition to caveat challenging the decedent's will
or codicil dated
or both has been filed with the court
(name of petitioner and relationship to decedent or
other basis for interest in the estate)
(2) The present status of the will or codicil or both being challenged is:
[ ] admitted to probate on _______________ , or
[ ] offered for probate but not admitted; or not offered for probate.
(3) As to defense of the will or codicil or both by a personal representative:
[ ] The following person has been appointed personal representative:
name(s) and address(es)
[ ] No person is serving as personal representative. A copy of the petition to caveat is enclosed.
(4) This caveat proceeding may affect adversely any rights you may have in the decedent's estate. Further information can be obtained by reviewing the estate file in the office of the Register of Wills or by contacting the personal representative or the attorney for the estate. If you want to respond, you must do so in writing filed with the court or with this office within 20 days after service of this notice or any extension of that period granted by the court. A copy of any response you file must be sent to the petitioner or the petitioner's attorney
(name and address)
and to the personal representative or the personalrepresentative's attorney.
Register of Wills for
PUBLIC NOTICE OF CAVEAT
To all persons interested in the above estate:
Notice is given that a petition to caveat has been
filed by __________________________ challenging the
will dated______________________________________ or codicil dated ______________________________ or both. You may obtain from the Register of Wills the date and time of any hearing on this matter.
Register of Wills
[Adopted June 28, 1990, eff. Jan. 1, 1991; Dec. 13, 2016, eff. Apr. 1, 2017.]
MD Rules, Rule 6-431, MD R DEC EST Rule 6-431
Current with amendments received through September 30, 2021. Some sections may be more current, see credits for details.
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