Title 5. Opening the Estate — Subtitle 4. Judicial Probate
Statutes in effect as of October 1, 2026.
Md. Code Ann., Est. & Trusts § 5-401 (2026)
Title 5. Opening the Estate
Subtitle 4. Judicial Probate
§ 5–401LinkCopy Citation
(a)
Judicial probate is a proceeding instituted by:
(1)
The filing of a petition for probate by an interested person, or creditor, with the court for the probate of a will; or
(2)
A determination of the intestacy of the decedent, and for the appointment of a personal representative.
(b)
The proceeding is conducted after notice as provided in § 5–403 of this subtitle, and is final except as provided in § 5–406 of this subtitle.
(c)
If no petition is filed within a reasonable time the register may file it with the approval of the court.
Md. Code Ann., Est. & Trusts § 5-402 (2026)
Title 5. Opening the Estate
Subtitle 4. Judicial Probate
§ 5–402LinkCopy Citation
A proceeding for judicial probate shall be instituted at any time before administrative probate or within the period after administrative probate provided by § 5–304 of this title:
(1)
At the request of an interested person;
(2)
By a creditor in the event that there has been no administrative probate;
(3)
If it appears to the court or the register that the petition for administrative probate is materially incomplete or incorrect in any respect;
(4)
If the will has been torn, mutilated, burned in part, or marked in a way as to make a significant change in the meaning of the will; or
(5)
If it is alleged that a will is lost or destroyed.
Md. Code Ann., Est. & Trusts § 5-403 (2026)
Title 5. Opening the Estate
Subtitle 4. Judicial Probate
§ 5–403LinkCopy Citation
(a)
(1)
Notice that judicial probate has been requested shall be given promptly by the register to all interested persons as shown in the documents in the register’s file.
(2)
The petitioner shall advise the register of the names and addresses of all interested persons of whom the petitioner learns before the granting of judicial probate, and the register shall give notice to the persons in the manner prescribed by § 1–103(a)(1) of this article.
(3)
In addition, the register shall publish a notice in a newspaper of general circulation in the county where judicial probate is requested, once a week for 2 successive weeks.
(b)
The notice required by this section shall be in the following form:
IN THE ORPHANS COURT FOR ……………………………………………………
In re:
ESTATE OF
…………………………………………………
Deceased
TO ALL PERSONS INTERESTED IN THE ESTATE OF ………………………………
…………………………………………………………………………………………………… :
YOU ARE HEREBY NOTIFIED THAT A Petition has been filed in the court by
……………… for judicial probate, including the appointment of a personal
representative for the estate; and that the Petition will be heard at ……… on the ……
day of ………, 20…, or at a subsequent time or other place to which the hearing may be adjourned or transferred.
………………………………………………
Register of Wills
Md. Code Ann., Est. & Trusts § 5-404 (2026)
Title 5. Opening the Estate
Subtitle 4. Judicial Probate
§ 5–404LinkCopy Citation
(a)
(1)
A hearing for judicial probate is a plenary proceeding conducted in accordance with the provisions of § 2–105 of this article.
(2)
A hearing for judicial probate shall adjudicate the issues raised in the hearing and shall determine the testamentary capacity of the decedent if the decedent died testate.
(3)
After the hearing for judicial probate the court shall appoint one or more personal representatives and shall, if appropriate, revoke, modify, or confirm action taken at the administrative or any prior judicial probate.
(b)
Unless the court shall otherwise order, the examination of the witnesses to the will shall be conducted by the court.
Md. Code Ann., Est. & Trusts § 5-406 (2026)
Title 5. Opening the Estate
Subtitle 4. Judicial Probate
§ 5–406LinkCopy Citation
Except as provided in §§ 5–207 of this title and 5–407 of this subtitle, any determination made by the court in a proceeding for judicial probate is final and binding on all persons.
Md. Code Ann., Est. & Trusts § 5-407 (2026)
Title 5. Opening the Estate
Subtitle 4. Judicial Probate
§ 5–407LinkCopy Citation
A judicial probate may be reopened and a new proceeding held if, following a request by an interested person within 18 months from the death of the decedent, the court finds the existence of any fact which would permit the holding of a proceeding pursuant to § 5–304(b) of this title.