MARVIN MANDEL, Governor                            31

was not in existence when the will containing such legacy was
executed, if the testator of the will establishing such testamentary
trust predeceased the testator of the will containing such legacy, and
such will establishing such testamentary trust has been or is sub-
sequently admitted to probate.

(b)    Unless the will otherwise provides:

(i) Property passing under such legacy shall be deemed to pass
from the personal representative directly to the trustee of the testa-
mentary trust, shall become a part of the assets of such trust, and
shall not be deemed held under a separate testamentary trust;

(ii) A termination of the trust in accordance with its terms, by
its exhaustion, by operation of law, or otherwise shall not invali-
date the legacy.

(c)    The provisions of this Section shall apply to any legacy made
by a testator living on June 1, 1959, or born subsequent thereto, with-
out regard to the date of execution of the will containing such legacy.
This Section shall not be construed as casting any doubt upon the
validity as heretofore existing of (i) any legacy made by a testator
who shall have died prior to June 1, 1959, or (ii) any legacy which
does not come within the provisions of this Section.

4-413. In terrorem clause.

A provision in a will purporting to penalize any interested person
for contesting the will or instituting other proceedings relating to
the estate is void if probable cause exists for instituting proceed-
ings.

SUBTITLE V
OPENING THE ESTATE
Part 1—General Provisions.
5-101. Scope of Subtitle.

This Subtitle is applicable to that portion of the probate pro-
ceeding which relates to the probate of a will, if any, and the grant
of letters. Such action may be taken, after the filing of a Petition
for Probate as provided in Part 2 of this Subtitle, either—

(a)    Administratively, by the Register of Wills, in the manner
described in Part 3 of this Subtitle, which shall be known as ad-
ministrative probate; or

(b)    Judicially, by the Court, in the manner described in Part 4 of
this Subtitle, which shall be known as judicial probate.

5-102. Necessity of proceeding.

(a)    Probate of will. Unless it is admitted to probate administra-
tively or judicially (or recorded as provided in Section 5-504), a
will is ineffective to transfer property or to nominate a personal
representative.

(b)    Letters. Except for foreign personal representatives, no
person shall be entitled to qualify as a personal representative or
exercise powers and duties as such unless he has been appointed
administratively or judicially.