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<section article="get" article_name="Estates and Trusts" number="5-304" title_number="5" title_name="Opening the Estate" subtitle_number="3" subtitle_name="Administrative Probate">
  <level label="a">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
  </level>
  <level label="b">
    <text>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:</text>
    <level label="1">
      <text>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;</text>
    </level>
    <level label="2">
      <text>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</text>
    </level>
    <level label="3">
      <text>There was fraud, material mistake, or substantial irregularity in the prior probate proceeding.</text>
    </level>
  </level>
</section>
