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§ 5-404. Nature of hearing for 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 4. Judicial Probate (Refs & Annos)
Effective: October 1, 2019
MD Code, Estates and Trusts, § 5-404
§ 5-404. Nature of hearing for judicial probate
Currentness
In general
(a)(1) A hearing for judicial probate is a plenary proceeding conducted in accordance with the provisions of § 2-105 of this article.
(2) A hearing for judicial probate shall adjudicate the issues raised in the hearing and shall determine the testamentary capacity of the decedent if the decedent died testate.
(3) After the hearing for judicial probate the court shall appoint one or more personal representatives and shall, if appropriate, revoke, modify, or confirm action taken at the administrative or any prior judicial probate.
Examination of witnesses
(b) Unless the court shall otherwise order, the examination of the witnesses to the will shall be conducted by the 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, § 5-404.
MD Code, Estates and Trusts, § 5-404, MD EST & TRST § 5-404
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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