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. Probate of a will, if any, and the grant of letters, may be accomplished after filing of a petition for probate by: Administrative probate by the register of wills as described in Subtitle 3 of this title; or Judicial probate by the court as described in Subtitle 4 of this title.

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. Except for a foreign personal representative, a person may not qualify as or exercise the powers and duties of a personal representative unless the person has been appointed administratively or judicially.

The venue for administrative or judicial probate is in: If the decedent was domiciled in the State, the county in which the decedent was domiciled at the time of death; If the decedent was not domiciled in the State but was domiciled in the United States, the county in which the petitioner believes the largest part in value of the property of the decedent in the State was located at the time of death; If the decedent was not domiciled in the State but previously resided in the State and was not domiciled in the United States, the county in which the petitioner believes the decedent last resided in the State; If the decedent was not domiciled in the State and had not previously resided in the State and was not domiciled in the United States, the county in which the petitioner believes: The largest part in value of the property of the decedent in the State was located at the time of death; Any cause of action in favor of the decedent arose; The personal representative resides or has the personal representative’s principal place of business; One or more interested persons, legatees, heirs, or beneficiaries reside; or A financial institution that is subject to the jurisdiction of the State with which the decedent had a contractual agreement may be sued; or If items (1) through (4) of this subsection do not apply, the county that the register, orphans’ court, or other governing entity has determined is necessary, reasonable, or in the interest of justice. For the purpose of determining venue for the administration of the estate of a decedent described under subsection (a)(2), (4), or (5) of this section, the situs of real property and tangible personal property is its location. The situs of intangible personal property is the location of the instrument evidencing a debt, obligation, stock, or chose in action. If there is no instrument, the residence of the debtor governs. The situs of intangible personal property is not altered by the opening of an estate of a decedent described under subsection (a)(2), (3), (4), or (5) of this section. The situs of an interest in property held in trust is any county where the trustee may be sued. Probate proceedings concerning a decedent may not be maintained in more than one county. If a proceeding is commenced in more than one county, the court of the county where proceedings are filed first has exclusive jurisdiction to determine venue. If proper venue is finally determined to be in another county, the proceeding, including a will, petition, or any other paper filed, shall be transferred to the proper court.

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: The personal representatives named in a will admitted to probate; The personal representatives nominated in accordance with a power conferred in a will admitted to probate; The surviving spouse, registered domestic partner, and children of an intestate decedent, or the surviving spouse of a testate decedent; The residuary legatees; The children of a testate decedent who are entitled to share in the estate; The grandchildren of the decedent who are entitled to share in the estate; Subject to §§ 3–111 and 3–112 of this article, the parents of the decedent who are entitled to share in the estate; The brothers and sisters of the decedent who are entitled to share in the estate; Other relations of the decedent who apply for administration; The largest creditor of the decedent who applies for administration; Any other person having a pecuniary interest in the proper administration of the estate of the decedent who applies for administration; or Any other person.

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. “Serious crime” includes fraud, extortion, embezzlement, forgery, perjury, and theft. Subject to § 5–104 of this subtitle, the register or court may grant letters to: A trust company; Any other corporation authorized by law to be a personal representative; or Subject to subsection (c) of this section, any individual. Letters may not be granted to a person who, at the time a determination of priority is made, has filed with the register a declaration in writing that the person renounces the right to administer or is: Under the age of 18 years; Mentally incompetent; Convicted of a serious crime, unless the person shows good cause for the granting of letters; Not a citizen or a permanent resident of the United States unless the person is: Domiciled in the United States; and The spouse of the decedent; An ancestor of the decedent; A descendant of the decedent; or A sibling of the decedent; A full–time judge of a court established under the laws of Maryland or the United States including a judge of an orphans’ or probate court, or a clerk of court, or a register, unless the person is the surviving spouse or is related to the decedent within the third degree; or A nonresident of the State, unless there shall be on file with the register an irrevocable designation by the nonresident of an appropriate person who resides in the State on whom service of process may be made in the same manner and with the effect as if it were served personally in the State on the nonresident.

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. Subject to § 5–105 of this subtitle, all personal representatives named in the will or nominated in accordance with a power conferred in the will are entitled to probate. Within classes (3) through (10) of § 5–104 of this subtitle, letters may be granted to two or more persons in different classes provided that the person or class first entitled to letters consents.