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Session Laws, 1969
Volume 692, Page 32   View pdf image
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32                                     LAWS OF MARYLAND                             [CH. 3

5-103. Venue.

(a)    Proper County. The venue for administrative or judicial
probate shall be in the County in which the decedent had his domicile
at the time of his death, or, if the decedent was not domiciled in
Maryland, the County in which the petitioner believes that the
largest part in value of the decedent's property in Maryland was
located at the time of his death.

(b)    Situs. For the purpose of determining venue for the adminis-
tration of the estate of a decedent who was not domiciled in Maryland
at the time of his death, the situs of tangible personal property is its
location. The situs of intangible personal property is the location of
the instrument, if any, evidencing a debt, obligation, stock or chose
in action, or if there is no such instrument, the residence of the
debtor. The situs of an interest in property held in trust is located
in any County where the trustee may be sued.

(c)    Petition in more than one County. Probate proceedings con-
cerning a decedent shall not be maintained in more than one County.
If such a proceeding is commenced in more than one County, the
Court of the County 'where first filed shall have exclusive jurisdiction
to determine venue. If proper venue is finally determined to be in
another County, the proceeding, including any will, petitions or other
papers filed therein, shall be transferred to the proper Court.

5-104. Order of right to letters; persons excluded.

(a) Generally. In granting letters in administrative or judicial
probate, or in appointing a successor personal representative or a
special administrator as provided in Part 4 of Subtitle VI, the Court
and Register shall observe the following order of priority, with all
persons in any of the following paragraphs considered as a class:

(1)    executors named in a will admitted to probate;

(2)     (a) the surviving spouse and children of an intestate deced-
ent; or (b) the surviving spouse of a testate decedent;

(3)    residuary legatees;

(4) the children of a testate decedent who are entitled to share
in the estate;

(5)    the grandchildren of the decedent who are entitled to share
in the estate;

(6)    the parents of the decedent who are entitled to share in the
estate;

(7)    brothers and sisters of the decedent who are entitled to
share in the estate;

(8)    other relations of the decedent who apply for administration;

(9)    the largest creditor of the decedent who applies for
administration;

(10)    any other person having a pecuniary interest in the proper
administration of the decedent's estate who applies for administra-
tion;


 

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Session Laws, 1969
Volume 692, Page 32   View pdf image
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