# Estates and Trusts (GET) ## Title 5. Opening the Estate ### Subtitle 2. Commencement of Proceeding #### Section 5-201 (a) The petition for probate shall contain all knowledge or information of the petitioner with respect to the items listed in subsection (b) of this section. (b) The petition for probate shall state: (1) The name, domicile, place, and date of death of the decedent; (2) The interest of the person filing the petition; (3) The county in which the decedent was domiciled at the time of death, and if the decedent was not domiciled in Maryland, the county in this State that the petitioner believes was the situs of the largest part in value of the property of the decedent at the time of death; (4) All other proceedings filed in Maryland and elsewhere regarding the same estate; (5) Whether the decedent died testate or intestate, and: (i) (1) If the decedent died testate, there shall be exhibited with the petition the will or a copy of the will; or (2) If this exhibit cannot be produced, there shall be exhibited: (A) A statement of the reasons for the inability to exhibit the will or a copy of the will; (B) The name and the address of the person in whose custody the documents may be; (C) A statement of the provisions of the will as far as known to the petitioner; and (D) A statement of the manner in which the exhibit came into the hands of the petitioner as well as a statement that the petitioner knows of no later will; or (ii) If the decedent died intestate, a statement of the extent of a search for a will; and (6) The names and addresses of all persons who are witnesses to the will referred to in item (5)(i) of this subsection. #### Section 5-202 The petition shall state the reasons why any information required by Sec. 5-201 of this subtitle cannot be furnished by the petitioner. #### Section 5-203 The petition shall indicate whether the petitioner elects administrative or judicial probate. #### Section 5-204 The petition shall contain, as appropriate, a request for one or more of the following acts: (1) The probate or recording of a will exhibited with the petition or deposited with the register pursuant to Title 4, Subtitle 2 of this article; (2) An order directing witnesses to an alleged will to appear and give testimony regarding its execution; (3) An order requiring a person alleged to have custody of a will to deliver it to the court; (4) An order directing all interested persons to show cause why the provisions of a lost or destroyed will should not be admitted to probate as expressed in the petition; (5) A finding that the decedent died intestate; and (6) Other relief that the petitioner may consider appropriate. #### Section 5-205 (a) The petition shall also contain a request for either of the acts provided in this section. (b) (1) The petition shall request the grant of letters to the petitioner, if: (i) The petition is filed by all of the persons named as executors in the will of a testate decedent; or (ii) The persons in classes higher in the order of priority set forth in Sec. 5-104 of this title of those entitled to administer the estate of an intestate decedent join in the petition or consent in writing to the grant. (2) The joinder or consent of a person who has renounced the right to administer is not necessary. (c) The petition shall request an order requiring persons named as executors or entitled to administration to appear and qualify for appropriate letters. #### Section 5-206 In a proceeding for administrative or judicial probate the petition for probate shall be in substantially the following form: In the Orphans' Court for (or) ___________________________, Maryland Before the Register of Wills for in the Estate of: ______________________________________ Estate No. ___________________________ For: Regular Estate - Small Estate - Will of No Estate - Petition for probate Petition for Complete Items 2 and 5 estate value in excess of Administration, estate $20,000. Complete and value of $20,000 or less. attach Schedule - A. Complete and attach Schedule - B. The Petition of: _____________________________________ ______________________________________ Name Address ______________________________________ _____________________________________ ______________________________________ Name Address ______________________________________ _____________________________________ ______________________________________ Name Address ______________________________________ Each of us states: (1) I am (a) at least 18 years of age and either a citizen of the United States or a permanent resident alien spouse of the decedent or (b) a trust company or any other corporation authorized by law to act as a personal representative. (2) The decedent, ____________________________________________________________ , was domiciled in __________________________________________ County, State of ______________________________________ and died on the ___________ day of 20______, at ___________________. (3) If the decedent was not domiciled in this county at the time of death, this is the proper office in which to file this petition because:_____________________________ __________________________________________________________________________ (4) I am entitled to priority of appointment as personal representative of the decedent's estate pursuant to Sec. 5-104 of the Estates and Trusts Article, Annotated Code of Maryland because: __________________________________________________________________________ __________________________________________________________________________ and I am not excluded by Sec. 5-105(c) of the Estates and Trist Article, Annotated Code of Maryland from serving as personal representative (5) I have made a diligent search for the decedent's will and to the best of my knowledge: none exists; or the will dated __________________________ (including codicils, if any, dated _______________________ ) accompanying this petition is the last will and it came into my hands in the following manner: __________________________________________________________________________ __________________________________________________________________________ and the names and last known addresses of the witnesses are: _____________________________________________________ ____________________ _____________________________________________________ ____________________ _____________________________________________________ ____________________ (6) Other proceedings, if any, regarding the decedent or the estate are as follows: __________________________________________________________________________ __________________________________________________________________________ (7) If any information required by paragraphs 2 through 6 has not been furnished, the reason is: __________________________________________________________________________ __________________________________________________________________________ (8) If appointed, I accept the duties of the office of personal representative and consent to personal jurisdiction in any action brought in this State against me as personal representative or arising out of the duties of the office of personal representative. WHEREFORE, I request appointment as personal representative of the decedent's estate and the following relief as indicated: ? that the will and codicils, if any, be admitted to administrative probate; ? that the will and codicils, if any, be admitted to judicial probate; ? that the will and codicils, if any, be filed only; ? that the following additional relief be granted: ________________________________ __________________________________________________________________________ __________________________________________________________________________ I solemnly affirm under the penalties of perjury that the contents of the foregoing petition are true to the best of my knowledge, information, and belief. ______________________________________ _____________________________________ Attorney's Signature Petitioner Date ______________________________________ _____________________________________ Address Petitioner Date ______________________________________ _____________________________________ Petitioner Date ______________________________________ _____________________________________ Telephone Number Telephone Number In the Orphans' Court for (or) __________________________ , Maryland Before the Register of Wills for in the Estate of: _______________________________________ Estate No. __________________________ Schedule - A REGULAR ESTATE Estimated Value of Estate and Unsecured Debts: Personal property (approximate value) .................................... $ _____________ Real property (approximate value) .......................................... $ _____________ Value of Property subject to: (a) Direct Inheritance Tax of __________% ..................... $ _____________ (b) Collateral Inheritance Tax of __________% ............... $ _____________ (c) Collateral Inheritance Tax of __________% ............... $ _____________ Unsecured Debts (approximate amount) ................................. $ _____________ ..................................................................................................................... (FOR REGISTER'S USE) Safekeeping Wills _____________________ Custody of Wills ____________________ Bond Set $ ___________________________ Deputy _____________________________ In the Orphans' Court for (or) __________________________ , Maryland Before the Register of Wills for in the Estate of: _______________________________________ Estate No. __________________________ Schedule - B SMALL ESTATE Assets and Debts of the Decedent: (1) I have made a diligent search to discover all property and debts of the decedent and set forth below are: (a) A listing of all real and personal property owned by the decedent, individually or as a tenant in common, and of any other property to which the decedent or estate would be entitled, including descriptions, values, and how the values were determined: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ (b) A listing of all creditors and claimants and the amounts claimed, including secured*, contingent and disputed claims: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ (2) Allowable funeral expenses are $ ____________; statutory family allowances are $ ____________; and expenses of administration are $ _____________. (3) Attached is a List of Interested Persons *Note: Sec. 5-601(d) of the Estates and Trusts Article. Annotated Code of Maryland "For the purpose of thus subtitle - Value is determined by fair market value of property less debts of record secured by the property as of the date of death, to the extent that insurance benefits are not payable to the lien holder or secured party for the secured debt." I solemnly affirm under the penalties of perjury that the contents of the foregoing schedule are true to the best of my knowledge, information, and belief. ______________________________________ _____________________________________ Attorney's Signature Petitioner Date ______________________________________ _____________________________________ Address Petitioner Date ______________________________________ _____________________________________ Telephone Number Telephone Number #### Section 5-207 (a) (1) Regardless of whether a petition for probate has been filed, a verified petition to caveat a will may be filed at any time before the expiration of 6 months following the first appointment of a personal representative under a will, even if there be a subsequent judicial probate or appointment of a personal representative. (2) If a different will is offered subsequently for probate, a petition to caveat the later offered will may be filed at a time within the later to occur of: (i) 3 months after the later probate; or (ii) 6 months after the first appointment of a personal representative of a probated will. (b) (1) If the petition to caveat is filed before the filing of a petition for probate, or after administrative probate, it has the effect of a request for judicial probate. (2) If the petition to caveat is filed after judicial probate the matter shall be reopened and a new proceeding held as if only administrative probate had previously been determined. (3) In either case described in paragraphs (1) and (2) of this subsection, the provisions of Subtitle 4 of this title apply. --- Md. Code Ann., Est. & Trusts (as displayed at mgaleg.maryland.gov, October 16, 2026)