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§ 5-201. Information required in petition for 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 2. Commencement of Proceeding (Refs & Annos)
Effective: October 1, 2019
MD Code, Estates and Trusts, § 5-201
§ 5-201. Information required in petition for probate
In general
(a) The petition for probate shall contain all knowledge or information of the petitioner with respect to the items listed in subsection (b) of this section.
Petition
(b) The petition for probate shall state:
(1) The name, domicile, place, and date of death of the decedent;
(2) The interest of the person filing the petition;
(3) The county in which the decedent was domiciled at the time of death, and if the decedent was not domiciled in Maryland, the county in this State that the petitioner believes was the situs of the largest part in value of the property of the decedent at the time of death;
(4) All other proceedings filed in Maryland and elsewhere regarding the same estate;
(5) Whether the decedent died testate or intestate, and:
(i) 1. If the decedent died testate, there shall be exhibited with the petition the will or a copy of the will; or
2. If this exhibit cannot be produced, there shall be exhibited:
A. A statement of the reasons for the inability to exhibit the will or a copy of the will;
B. The name and the address of the person in whose custody the documents may be;
C. A statement of the provisions of the will as far as known to the petitioner; and
D. A statement of the manner in which the exhibit came into the hands of the petitioner as well as a statement that the petitioner knows of no later will; or
(ii) If the decedent died intestate, a statement of the extent of a search for a will; and
(6) The names and addresses of all persons who are witnesses to the will referred to in item (5)(i) of this subsection.

Credits

Added by Acts 1974, c. 11, § 2, eff. July 1, 1974. Amended by Acts 1975, c. 88; Acts 2019, c. 197, § 1, eff. Oct. 1, 2019.
Formerly Art. 93, § 5-201.
MD Code, Estates and Trusts, § 5-201, MD EST & TRST § 5-201
Current through legislation effective through June 1, 2022, from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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