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§ 5-206. Form of petition for probate

West's Annotated Code of MarylandEstates and Trusts

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)
MD Code, Estates and Trusts, § 5-206
§ 5-206. Form of petition for probate
In a proceeding for administrative or judicial probate the petition for probate shall be in substantially the following form:
In the Orphans' Court for
(or)
____________________, Maryland
Before the Register of Wills for
in the Estate of:
____________________
Estate No.
 
For:
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Regular Estate -
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Small Estate -
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Will of No
Petition for probate,
Petition for Administration,
Estate -
estate value in
estate value of $20,000
Complete Items
excess of $20,000.
or less. Complete
2 and 5
Complete and attach
and attach
Schedule - A.
Schedule - B
The Petition of:
____________________
 
Name
Address
 
____________________
 
Name
Address
 
____________________
 
Name
Address
 
Each of us states:
1. I am (a) at least 18 years of age and either a citizen of the United States or a permanent resident alien spouse of the decedent or (b) a trust company or any other corporation authorized by law to act as a personal representative.
2. The decedent, ____________________, was domiciled in __________ County, State of ____________________ and died on the _______ day of 20____, at ______________.
3. If the decedent was not domiciled in this county at the time of death, this is the proper office in which to file this petition because:
 
 
.
4. I am entitled to priority of appointment as personal representative of the decedent's estate pursuant to
§ 5-104 of the Estates and Trusts Article
, Annotated Code of Maryland because:
 
 
and I am not excluded by § 5-105(c) of the Estates and Trusts Article, Annotated Code of Maryland from serving as personal representative.
5. I have made a diligent search for the decedent's will and to the best of my knowledge:
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__________
(including codicils, if any, dated
__________
) accompanying this petition is the last will and it came into my hands in the following manner:
 
 
and the names and last known addresses of the witnesses are:
 
 
 
 
 
 
6. Other proceedings, if any, regarding the decedent or the estate are as follows:
 
 
7. If any information required by paragraphs 2 through 6 has not been furnished, the reason is:
 
 
8. If appointed, I accept the duties of the office of personal representative and consent to personal jurisdiction in any action brought in this State against me as personal representative or arising out of the duties of the office of personal representative.
WHEREFORE, I request appointment as personal representative of the decedent's estate and the following relief as indicated:
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that the will and codicils, if any, be admitted to administrative probate;
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that the will and codicils, if any, be admitted to judicial probate;
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that the will and codicils, if any, be filed only;
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that the following additional relief be granted:
 
 
 
I solemnly affirm under the penalties of perjury that the contents of the foregoing petition are true to the best of my knowledge, information, and belief.
 
 
Attorney's Signature
Petitioner
Date
 
 
Address
Petitioner
Date
 
 
Petitioner
Date
 
 
Telephone Number
Telephone Number
In the Orphans' Court for
(or)
____________________, Maryland
Before the Register of Wills for
in the Estate of:
____________________
Estate No.
 
Schedule - A
REGULAR ESTATE
Estimated Value of Estate and Unsecured Debts:
Personal property (approximate value)
$
 
Real property (approximate value)
$
 
Value of Property subject to:
(a) Direct Inheritance Tax of _______%
$
 
(b) Collateral Inheritance Tax of _______%
$
 
(c) Collateral Inheritance Tax of _______%
$
 
Unsecured Debts (approximate amount)
$
 
 
(FOR REGISTER'S USE)
Safekeeping Wills
_______________
Custody of Wills
 
Bond Set $
____________________
Deputy
 
In the Orphans' Court for
(or)
____________________, Maryland
Before the Register of Wills for
in the Estate of:
_________________________
Estate No.
 
Schedule - B
SMALL ESTATE
Assets and Debts of the Decedent:
1. I have made a diligent search to discover all property and debts of the decedent and set forth below are:
(a)
A listing of all real and personal property owned by the decedent, individually or as tenant in common, and of any other property to which the decedent or estate would be entitled, including descriptions, values, and how the values were determined:
 
 
 
(b)
A listing of all creditors and claimants and the amounts claimed, including secured*, contingent and disputed claims:
 
 
 
2. Allowable funeral expenses are $__________; statutory family allowances are $__________; and expenses of administration are $__________.
3. Attached is a List of Interested Persons.
*Note: § 5-601(d) of the Estates and Trusts Article, Annotated Code of Maryland “For the purpose of this subtitle - Value is determined by fair market value of property less debts of record secured by the property as of the date of death, to the extent that insurance benefits are not payable to the lien holder or secured party for the secured debt.”
I solemnly affirm under the penalties of perjury that the contents of the foregoing schedule are true to the best of my knowledge, information, and belief.
 
 
Attorney's Signature
Petitioner
Date
 
 
Address
Petitioner
Date
 
 
Telephone Number
Telephone Number

Credits

Added by Acts 1974, c. 11, § 2, eff. July 1, 1974. Amended by Acts 1997, c. 693, § 1, eff. Jan. 1, 1998; Acts 2000, c. 61. § 6, eff. April 25, 2000.
Formerly Art. 93, § 5-206.
MD Code, Estates and Trusts, § 5-206, MD EST & TRST § 5-206
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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