MARVIN MANDEL, Governor                            37

5-303. Action on Petition—proof of execution.

The Register shall assume due execution of the will (a) if the will
appears to have been duly executed and contains a recital by attest-
ing witnesses of facts constituting due execution; or (b), if it does
not so appear, or if the will does not contain such a recital, then upon
the verified statement of any person with personal knowledge of the
circumstances of execution, whether or not the persons were in fact
attesting witnesses.

5-304. Finality of action in administrative probate.

(a)    Generally. Unless a timely request for judicial probate has
been filed pursuant to subsection (b) of this Section, or unless such a
request has been filed pursuant to Section 5-402 within four months
of administrative probate, any action taken therein shall be final and
binding as to all interested persons. Except as provided in sub-
section (b), no defect in a Petition or proceeding relating to adminis-
trative probate shall affect the probate or the grant of letters.

(b)    Exceptions. An administrative probate may be set aside and
a proceeding for judicial probate instituted if, following a request
by an interested person within eighteen months of the decedent's
death, the Court finds that

(1)    the proponent of a later offered will, in spite of the exercise
of reasonable diligence in efforts to locate any will, was actually un-
aware of such will's existence at the time of the prior probate; or

(2)    the notice provided in Section 2-209 was not given to such
interested person nor did he have actual notice of the Petition for
Probate; or

(3)    there was fraud, material mistake or substantial irregularity
in the prior probate proceeding.

Part 4—Judicial Probate.
5-401. Nature of proceeding.

Judicial probate is a proceeding instituted by the filing of a peti-
tion for such probate by an interested person, or creditor, with the
Court for the probate of a will or a determination of the decedent's
intestacy, and for the appointment of a personal representative. Such
proceeding is conducted after notice as provided in Section 5-403,
and shall be final except as provided in Section 5-406. If no Petition
is filed within a reasonable time the Register may file same with the
approval of the Court.

5-402. When mandatory.

A proceeding for judicial probate shall be instituted at any time
before administrative probate or within the period after administra-
tive probate provided by Section 5-304.

(a)    at the request of an interested person;

(b)    by a creditor in the event that there has been no administra-
tive probate;

(c)    if it appears to the Court or the Register that the petition
for administrative probate is materially incomplete or incorrect in
any respect;