# Estates and Trusts (GET)

## Title 5. Opening the Estate

### Subtitle 1. General Provisions

#### Section 5-103

(a) The venue for administrative or judicial probate is in:

  (1) If the decedent was domiciled in the State, the county in which the decedent was domiciled at the time of death;

  (2) 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;

  (3) 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;

  (4) 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:

    (i) The largest part in value of the property of the decedent in the State was located at the time of death;

    (ii) Any cause of action in favor of the decedent arose;

    (iii) The personal representative resides or has the personal representative's principal place of business;

    (iv) One or more interested persons, legatees, heirs, or beneficiaries reside; or

    (v) A financial institution that is subject to the jurisdiction of the State with which the decedent had a contractual agreement may be sued; or

  (5) 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.

(b)

  (1) 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.

  (2)

    (i) The situs of intangible personal property is the location of the instrument evidencing a debt, obligation, stock, or chose in action.

    (ii) If there is no instrument, the residence of the debtor governs.

    (iii) 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.

  (3) The situs of an interest in property held in trust is any county where the trustee may be sued.

(c)

  (1) Probate proceedings concerning a decedent may not be maintained in more than one county.

  (2) 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.

  (3) 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.

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Md. Code Ann., Est. & Trusts (as displayed at mgaleg.maryland.gov, October 16, 2026)