# Estates and Trusts (GET)

## Title 5. Opening the Estate

### Subtitle 4. Judicial Probate

#### Section 5-401

(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 Sec. 5-403 of this subtitle, and is final except as provided in Sec. 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.

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Md. Code Ann., Est. & Trusts (as displayed at mgaleg.maryland.gov, October 16, 2026)