Title 5. Opening the Estate — Subtitle 3. Administrative Probate
Statutes in effect as of October 1, 2026.
Md. Code Ann., Est. & Trusts § 5-301 (2026)
Title 5. Opening the Estate
Subtitle 3. Administrative Probate
§ 5–301LinkCopy Citation
(a)
Administrative probate is a proceeding instituted by the filing of a petition for probate by an interested person before the register for the probate of a will or a determination of the intestacy of the decedent, and for the appointment of a personal representative.
(b)
Subject to the provisions of § 5–402 of this title, the proceeding may be conducted without prior notice, and is final, to the extent provided in § 5–304 of this subtitle, subject to the right of an interested person to require judicial probate as provided in Subtitle 4 of this title.
Md. Code Ann., Est. & Trusts § 5-302 (2026)
Title 5. Opening the Estate
Subtitle 3. Administrative Probate
§ 5–302LinkCopy Citation
(a)
On a request for administrative probate contained in a petition for probate, the register:
(1)
May admit a will to probate; and
(2)
Shall appoint one or more personal representatives on the basis of the allegations contained in the petition.
(b)
The register may require additional verified proof, which shall be filed in the proceeding.
Md. Code Ann., Est. & Trusts § 5-303 (2026)
Title 5. Opening the Estate
Subtitle 3. Administrative Probate
§ 5–303LinkCopy Citation
The register shall assume due execution of the will:
(1)
If the will appears to have been duly executed and contains a recital by attesting witnesses of facts constituting due execution; or
(2)
If it does not so appear, or if the will does not contain that recital, then upon the verified statement of a person with personal knowledge of the circumstances of execution whether or not the person was in fact an attesting witness.
Md. Code Ann., Est. & Trusts § 5-304 (2026)
Title 5. Opening the Estate
Subtitle 3. Administrative Probate
§ 5–304LinkCopy Citation
(a)
(1)
Unless a timely request for judicial probate has been filed pursuant to subsection (b) of this section, or unless a request has been filed pursuant to § 5–402 of this title within 6 months of administrative probate, any action taken after administrative probate shall be final and binding as to all interested persons.
(2)
Except as provided in subsection (b) of this section, a defect in a petition or proceeding relating to administrative probate shall not affect the probate or the grant of letters.
(b)
An administrative probate may be set aside and a proceeding for judicial probate instituted if, following a request by an interested person within 18 months of the death of decedent, the court finds that:
(1)
The proponent of a later offered will, in spite of the exercise of reasonable diligence in efforts to locate any will, was actually unaware of the existence of a will at the time of the prior probate;
(2)
The notice provided in § 2–210 of this article was not given to such interested person nor did the interested person have actual notice of the petition for probate; or
(3)
There was fraud, material mistake, or substantial irregularity in the prior probate proceeding.