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Session Laws, 1971
Volume 707, Page 1727   View pdf image
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Marvin Mandel, Governor                          1727

within the later to occur of (i) three months after such later probate,
or (ii) six months after the first appointment of a personal repre-
sentative of any probated will.

5-403.                                                                                             

(a) When given.—Notice that judicial probate has been re-
quested shall be given promptly by the register to all interested per-
sons as shown in [the petition for probate and] any [other] docu-
ments 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 disclosed 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 the manner prescribed by the first
sentence of Section 1-103. 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.

5-404.

(a)    Conduct of hearing; court's action after hearing.—A hear-
ing 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 testamen-
tary capacity of the decedent if he died testate. After such hearing
the court shall appoint one or more personal representatives and
shall, if appropriate, revoke, modify or confirm any action taken at
the administrative or any prior judicial probate.

(b)    Examination of witnesses to will.—Unless the court shall
otherwise order, the examination of the witnesses to the will shall
be conducted by the [register] court.

5-405.

[After the filing of a request for judicial probate and prior to
final determination therein, the powers of any personal representa-
tive appointed in an administrative probate shall be unaffected ex-
cept that (a) he shall make no distribution of property without
formal order of the court and (b) the court may, upon allegations of
the unfitness of the personal representative so appointed and of
danger to interested persons and creditors and after notice to the
personal representative and hearing, suspend the powers of the per-
sonal representative and appoint a special administrator pending
final determination in the judicial probate proceeding.]

5-406.

Except as provided in Section 5-207 and Section 5-407, any deter-
mination made by the court in a proceeding for judicial probate
shall be final and binding as to all persons.

6-102.

(a) When required.—Every personal representative shall exe-
cute a bond to the State of Maryland for the benefit of all interested
persons and creditors with a surety or sureties approved by the
register, unless such bond is expressly excused by the decedent's will

 

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Session Laws, 1971
Volume 707, Page 1727   View pdf image
 Jump to  
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