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.
The petition for probate shall state:
The name, domicile, place, and date of death of the decedent;
The interest of the person filing the petition;
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;
All other proceedings filed in Maryland and elsewhere regarding the same estate;
Whether the decedent died testate or intestate, and:
If the decedent died testate, there shall be exhibited with the petition the will or a copy of the will; or
If this exhibit cannot be produced, there shall be exhibited:
A statement of the reasons for the inability to exhibit the will or a copy of the will;
The name and the address of the person in whose custody the documents may be;
A statement of the provisions of the will as far as known to the petitioner; and
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
If the decedent died intestate, a statement of the extent of a search for a will; and
The names and addresses of all persons who are witnesses to the will referred to in item (5)(i) of this subsection.
The petition shall state the reasons why any information required by § 5–201 of this subtitle cannot be furnished by the petitioner.
The petition shall indicate whether the petitioner elects administrative or judicial probate.
The petition shall contain, as appropriate, a request for one or more of the following acts:
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;
An order directing witnesses to an alleged will to appear and give testimony regarding its execution;
An order requiring a person alleged to have custody of a will to deliver it to the court;
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;
A finding that the decedent died intestate; and
Other relief that the petitioner may consider appropriate.
The petition shall also contain a request for either of the acts provided in this section.
The petition shall request the grant of letters to the petitioner, if:
The petition is filed by all of the persons named as executors in the will of a testate decedent; or
The persons in classes higher in the order of priority set forth in § 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.
The joinder or consent of a person who has renounced the right to administer is not necessary.
The petition shall request an order requiring persons named as executors or entitled to administration to appear and qualify for appropriate letters.
In a proceeding for administrative or judicial probate the petition for probate shall be in substantially the following form:
In the Orphans’ Court for
___________________________, 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:
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.
The decedent, ____________________________________________________________ ,
was domiciled in __________________________________________ County, State of
______________________________________ and died on the ___________ day of
20______, at ___________________.
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:_____________________________
__________________________________________________________________________
I am entitled to priority of appointment as personal representative of the
decedent’s estate pursuant to § 5–104 of the Estates and Trusts Article,
Annotated Code of Maryland because:
__________________________________________________________________________
__________________________________________________________________________
and I am not excluded by § 5–105(c) of the Estates and Trist Article, Annotated
Code of Maryland from serving as personal representative
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:
_____________________________________________________ ____________________
_____________________________________________________ ____________________
_____________________________________________________ ____________________
Other proceedings, if any, regarding the decedent or the estate are as follows:
__________________________________________________________________________
__________________________________________________________________________
If any information required by paragraphs 2 through 6 has not been furnished,
the reason is:
__________________________________________________________________________
__________________________________________________________________________
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
__________________________ , 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:
Direct Inheritance Tax of __________% ………………… $ _____________
Collateral Inheritance Tax of __________% …………… $ _____________
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
__________________________ , Maryland
Before the Register of Wills for
in the Estate of:
_______________________________________ Estate No. __________________________
Schedule – B
SMALL ESTATE
Assets and Debts of the Decedent:
I have made a diligent search to discover all property and debts of the decedent
and set forth below are:
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:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
A listing of all creditors and claimants and the amounts claimed, including
secured*, contingent and disputed claims:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Allowable funeral expenses are $ ____________; statutory family allowances are
$ ____________; and expenses of administration are $ _____________.
Attached is a List of Interested Persons
*Note: § 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
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.
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:
3 months after the later probate; or
6 months after the first appointment of a personal representative of a probated will.
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.
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.
In either case described in paragraphs (1) and (2) of this subsection, the provisions of Subtitle 4 of this title apply.