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§ 5-103. Venue for administrative or judicial probate

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 1. General Provisions (Refs & Annos)
Effective: October 1, 2019
MD Code, Estates and Trusts, § 5-103
§ 5-103. Venue for administrative or judicial probate
Currentness
Domicile of decedent at time of death
(a) The venue for administrative or judicial probate is in the county in which the decedent was domiciled at the time of death, or, if the decedent was not domiciled in Maryland, the county in which the petitioner believes the largest part in value of the property of the decedent in Maryland was located at the time of death.
Decedents not domiciled in Maryland at time of death
(b)(1) For the purpose of determining venue for the administration of the estate of a decedent who was not domiciled in Maryland at the time of death, the situs of tangible personal property is its location.
(2)(i) The situs of intangible personal property is the location of the instrument evidencing a debt, obligation, stock, or chose in action.
(ii) If there is no instrument, the residence of the debtor governs.
(3) The situs of an interest in property held in trust is any county where the trustee may be sued.
Proceedings in more than one county
(c)(1) Probate proceedings concerning a decedent may not be maintained in more than one county.
(2) If a proceeding is commenced in more than one county, the court of the county where proceedings are filed first has exclusive jurisdiction to determine venue.
(3) If proper venue is finally determined to be in another county, the proceeding, including a will, petition, or any other paper filed, shall be transferred to the proper court.

Credits

Added by Acts 1974, c. 11, § 2, eff. July 1, 1974. Amended by Acts 2019, c. 197, § 1, eff. Oct. 1, 2019.
Formerly Art. 93, § 5-103.
MD Code, Estates and Trusts, § 5-103, MD EST & TRST § 5-103
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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