§3-101. Devolution of estate at death; restrictions The power of a person to leave property by will and the rights of creditors, devisees and heirs to the person’s property are subject to the restrictions and limitations contained in this Code to facilitate the prompt settlement of estates. Upon the death of a person, the person’s […]
§3-102. Necessity of order of probate for will Except as provided in section 3-1201, to be effective to prove the transfer of any property or to nominate an executor, a will must be declared to be valid by an order of informal probate by the registers or an adjudication of probate by the court. […]
§3-103. Necessity of appointment for administration Except as otherwise provided in Article 4, to acquire the powers and undertake the duties and liabilities of a personal representative of a decedent, a person must be appointed by order of the court or registers, qualify and be issued letters. Administration of an estate is commenced by the […]
§3-104. Claims against decedent; necessity of administration A proceeding to enforce a claim against the estate of a decedent or the decedent’s successors may not be revived or commenced before the appointment of a personal representative. After the appointment and until distribution, all proceedings and actions to enforce a claim against the estate are governed […]
§3-105. Proceedings affecting devolution and administration; jurisdiction of subject matter Persons interested in decedents’ estates may apply to the register for determination in the informal proceedings provided in this Article and may petition the court for orders in formal proceedings within the court’s jurisdiction including but not limited to those described in this Article. The […]
§3-106. Proceedings within the jurisdiction of court; service; jurisdiction over persons In proceedings within the exclusive jurisdiction of the court where notice is required by this Code or by rule, and in proceedings to construe probated wills or determine heirs that concern estates that have not been and cannot now be opened for administration, interested […]
§3-107. Scope of proceedings; proceedings independent; exception Unless supervised administration as described in Part 5 is involved: [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 1. Proceedings independent. Each proceeding before the court or register is independent of any other proceeding involving the same estate; […]
§3-108. Probate, testacy and appointment proceedings; ultimate time limit 1. Limitations period; exceptions. An informal probate or appointment proceeding or formal testacy or appointment proceeding, other than a proceeding to probate a will previously probated at the testator’s domicile and appointment proceedings relating to an estate in which there has been a prior appointment, may […]
§3-109. Statutes of limitation on decedent’s cause of action A statute of limitation running on a cause of action belonging to a decedent that had not been barred as of the date of death does not apply to bar a cause of action surviving the decedent’s death sooner than 4 months after death. A cause […]
§3-110. Discovery of property 1. Examination by court. Upon petition by a county attorney, personal representative, heir, devisee, creditor or other person interested in the estate of a decedent, anyone suspected of having concealed, withheld or conveyed away any property of the decedent, of having fraudulently received any such property, or of aiding others in […]
