12 LAWS OF MARYLAND [CH. 3
Part 3—Property Subject to Article—Real 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 1—The 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 Court—summons; 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.
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