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§ 5-207. Petition to caveat will

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, § 5-207
§ 5-207. Petition to caveat will
Time for filing petition
(a)(1) Regardless of whether a petition for probate has been filed, a verified petition to caveat a will may be filed at any time before the expiration of 6 months following the first appointment of a personal representative under a will, even if there be a subsequent judicial probate or appointment of a personal representative.
(2) If a different will is offered subsequently for probate, a petition to caveat the later offered will may be filed at a time within the later to occur of:
(i) 3 months after the later probate; or
(ii) 6 months after the first appointment of a personal representative of a probated will.
Effect of petition
(b)(1) If the petition to caveat is filed before the filing of a petition for probate, or after administrative probate, it has the effect of a request for judicial probate.
(2) If the petition to caveat is filed after judicial probate the matter shall be reopened and a new proceeding held as if only administrative probate had previously been determined.
(3) In either case described in paragraphs (1) and (2) of this subsection, the provisions of Subtitle 4 of this title apply.

Credits

Added by Acts 1974, c. 11, § 2, eff. July 1, 1974. Amended by Acts 1996, c. 10, § 1, eff. April 9, 1996; Acts 2019, c. 197, § 1, eff. Oct. 1, 2019.
Formerly Art. 93, § 5-207.
MD Code, Estates and Trusts, § 5-207, MD EST & TRST § 5-207
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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