(a) Judicial probate is a proceeding instituted by: (1) The filing of a petition for probate by an interested person, or creditor, with the court for the probate of a will; or (2) A determination of the intestacy of the decedent, and for the appointment of a personal representative. (b) The proceeding is conducted after notice as provided in […]
A proceeding for judicial probate shall be instituted at any time before administrative probate or within the period after administrative probate provided by § 5–304 of this title: (1) At the request of an interested person; (2) By a creditor in the event that there has been no administrative probate; (3) If it appears to the court or […]
(a) (1) Notice that judicial probate has been requested shall be given promptly by the register to all interested persons as shown in the documents in the register’s file. (2) The petitioner shall advise the register of the names and addresses of all interested persons of whom the petitioner learns before the granting of judicial probate, and the […]
(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 […]
Except as provided in §§ 5–207 of this title and 5–407 of this subtitle, any determination made by the court in a proceeding for judicial probate is final and binding on all persons.
A judicial probate may be reopened and a new proceeding held if, following a request by an interested person within 18 months from the death of the decedent, the court finds the existence of any fact which would permit the holding of a proceeding pursuant to § 5–304(b) of this title.
