clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e
  Maryland State Archives | Index | Help | Search search for:
clear space
white space
Session Laws, 1969
Volume 692, Page 12   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

12                                     LAWS OF MARYLAND                             [CH. 3

Part 3Property Subject to ArticleReal and Personal.

1 -301. Devolution of property at death,

All property of a decedent shall be subject to this Article, and upon
his death shall pass directly to the personal representative, who shall
thereupon hold the legal title thereto, for administration and distribu-
tion, without any distinction, preference, or priority as between real
and personal property.

SUBTITLE II
THE COURT

Part 1The Probate Court.

2-101. Generally.

As used in this Article, the word Court means the Orphans' Court
in any County, or the court exercising the jurisdiction of the Orphans'
Court in any county.

2-102. Powers; right of interested person.

The Court shall have full power to conduct judicial probate, to
direct the conduct of personal representatives, and to pass such
orders as in its discretion may be required in the course of the
administration of a decedent's estate, including the power to summon
witnesses. An interested person may at any time petition the Court
to resolve questions concerning the estate or its administration. The
Court shall not, under pretext of incidental power or constructive
authority, exercise any jurisdiction not expressly conferred by law.

2-103. Enforcement.

The Court has the same legal and equitable powers to effectuate
its jurisdiction, punish contempts, and carry out its orders, judg-
ments and decrees as a court of record with general jurisdiction
in equity.

2-104. Rules of Courtsummons; depositions; discovery.

The Maryland Rules for the summoning of a witness, and for
depositions and discovery, shall apply to all actions and proceedings
of the Court in the same manner and with like effect as they apply
to the law and equity courts of this State.

2-105. Plenary proceeding.

In any controversy in the Court, issues of fact may be deter-
mined by the Court or, at the request of any interested person made
within such time as may be determined by the Court, by a court of
law. Where such request is made before the Court has determined
the issue of fact, the Court shall transmit the issues to a court of
law. After the determination of the issue, whether by the Court
or after transmission to a court of law, the Court shall enter an
appropriate judgment or decree. This Section shall not apply where
the estate is administered under the jurisdiction of a court having
general equity jurisdiction.


 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Session Laws, 1969
Volume 692, Page 12   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  August 17, 2024
Maryland State Archives