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§ 5-104. Priority of rights

West's Annotated Code of MarylandEstates and TrustsEffective: October 1, 2023

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, 2023
MD Code, Estates and Trusts, § 5-104
§ 5-104. Priority of rights
Currentness
In granting letters in administrative or judicial probate, or in appointing a successor personal representative, or a special administrator as provided in Title 6, Subtitle 4 of this article, the court and register shall observe the following order of priority, with any person in any one of the following paragraphs considered as a class:
(1) The personal representatives named in a will admitted to probate;
(2) The personal representatives nominated in accordance with a power conferred in a will admitted to probate;
(3) The surviving spouse, registered domestic partner, and children of an intestate decedent, or the surviving spouse of a testate decedent;
(4) The residuary legatees;
(5) The children of a testate decedent who are entitled to share in the estate;
(6) The grandchildren of the decedent who are entitled to share in the estate;
(7) Subject to §§ 3-111 and 3-112 of this article, the parents of the decedent who are entitled to share in the estate;
(8) The brothers and sisters of the decedent who are entitled to share in the estate;
(9) Other relations of the decedent who apply for administration;
(10) The largest creditor of the decedent who applies for administration;
(11) Any other person having a pecuniary interest in the proper administration of the estate of the decedent who applies for administration; or
(12) Any other person.

Credits

Added by Acts 1974, c. 11, § 2, eff. July 1, 1974. Amended by Acts 1998, c. 748, § 1, eff. Oct. 1, 1998; Acts 2001, c. 582, § 1, eff. Oct. 1, 2001; Acts 2005, c. 106, § 1, eff. Oct. 1, 2005; Acts 2023, c. 647, § 1, eff. Oct. 1, 2023.
Formerly Art. 93, § 5-104.
MD Code, Estates and Trusts, § 5-104, MD EST & TRST § 5-104
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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