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Session Laws, 1969
Volume 692, Page 38   View pdf image
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38                                LAWS OF MARYLAND                         [CH. 3

(d)    if the will has been torn, mutilated, burned in part or
marked in any way so as to make a significant change in the meaning
of the will;

(e)    if it is alleged that a will is lost or destroyed.

5-403. Notice of request for judicial probate; form.

(a)    When given. Notice that judicial probate has been requested
shall be given promptly by the Register to all interested persons as
shown in the Petition for Probate and any other documents in his
file. It shall be the duty of the petitioner to advise the Register of
the names and addresses of all interested persons not previously dis-
closed to the Register and of whom he may learn prior to the
granting of judicial probate, and the Register shall thereupon give
notice to such persons. In addition, the Register shall publish a
notice in a newspaper of general circulation in the County where
judicial probate is requested, once a week for two successive weeks.

(b)    Form of notice. The notice required by this Section shall be
in the following form:

IN THE ORPHANS' COURT FOR....................................................

In re:

ESTATE OF

Deceased
TO ALL PERSONS INTERESTED IN THE ESTATE OF

YOU ARE HEREBY NOTIFIED THAT A Petition has been filed

in this Court by........................................................for judicial probate,

including the appointment of a personal representative for said estate;

and that said Petition will be heard at....................on the........day of

................................................, 19.........., or at such subsequent time or

other place to which said hearing may be adjourned or transferred.

Register of Wills
5-404. Hearing; witnesses.

(a)    Conduct of hearing. A hearing for judicial probate shall be
a plenary proceeding conducted in accordance with the provisions of
Section 2-105. It shall adjudicate the issues raised in such hearing
and shall determine the testamentary capacity of the decedent. After
such hearing the Court shall appoint one or more personal repre-
sentatives and shall, if appropriate, revoke, modify or confirm any
action taken at the administrative or any prior judicial probate.

(b)     Witnesses to will. Unless the Court shall otherwise order,
the examination of the witnesses to the will shall be conducted by the
Register.

5-405. Effect upon appointment of personal representative.

After the filing of a request for judicial probate and prior to final
determination therein, the powers of any personal representative
appointed in an administrative probate shall be unaffected except


 

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Session Laws, 1969
Volume 692, Page 38   View pdf image
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