Section 5-101 – Scope of Title

    (a)    This subtitle is applicable to the portion of the probate proceeding which relates to the probate of a will, if any, and the grant of letters.     (b)    Probate of a will, if any, and the grant of letters, may be accomplished after filing of a petition for probate by:         (1)    Administrative probate by the register of wills […]

Section 5-102 – Necessity of Proceeding

    (a)    Unless it is admitted to administrative or judicial probate, or recorded as provided in § 5–504 of this title, a will is ineffective to transfer property or to nominate a personal representative.     (b)    Except for a foreign personal representative, a person may not qualify as or exercise the powers and duties of a personal representative unless […]

Section 5-103 – Venue

    (a)    The venue for administrative or judicial probate is in the county in which the decedent was domiciled at the time of death, or, if the decedent was not domiciled in Maryland, the county in which the petitioner believes the largest part in value of the property of the decedent in Maryland was located at the […]

Section 5-104 – Order of Right to Letters

    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 […]

Section 5-105 – Restrictions on Right to Letters

    (a)    (1)    In this section, “serious crime” means a crime that reflects adversely on an individual’s honesty, trustworthiness, or fitness to perform the duties of a personal representative.         (2)    “Serious crime” includes fraud, extortion, embezzlement, forgery, perjury, and theft.     (b)    Subject to § 5–104 of this subtitle, the register or court may grant letters to:         (1)    A trust company;         (2)    Any […]

Section 5-106 – Appointment

    (a)    (1)    Subject to paragraph (2) of this subsection and subsection (b) of this section, when there are several eligible persons in a class entitled to letters, the court or register may grant letters to one of them, or to more than one of them, as necessary or convenient for the proper administration of the estate.         (2)    Subject […]