86                                          LAWS OF MARYLAND                             [Ch. 11

(E) EFFECT OF PETITION.

IF THE PETITION TO CAVEAT IS FILED BEFORE THE FILING
OF A PETITION FOR PROBATE, OR AFTER ADMINISTRATIVE
PROBATE, II HAS THE EFFECT OF A REQUEST FOR JUDICIAL
PROBATE. IF FILED AFTER JUDICIAL PROBATE THE MATTER
SHALL BE REOPENED AND A NEW PROCEEDING HELD AS IF ONLY
ADMINISTRATIVE PROBATE HAD PREVIOUSLY BEEN DETERMINED.
IN EITHER CASE THE PROVISIONS OF SUBTITLE 4 OF THIS TITLE
APPLY.

REVISOR'S NOTE: This section presently appears as
Art. 93, §5—207. The only changes are in
style and language.

SUBTITLE 3. ADMINISTRATIVE PROBATE.
5-301. NATURE OF PROCEEDING.

ADMINISTRATIVE PROBATE IS A PROCEEDING INSTITUTED BY
THE FILING OF A PETITION FOR PROBATE BY AN INTERESTED
PERSON BEFORE THE REGISTER FOR THE PROBATE OF A WILL OR A
DETERMINATION OF THE INTESTACY OF THE DECEDENT, AND FOR
THE APPOINTMENT OF A PERSONAL REPRESENTATIVE. SUBJECT TO
THE PROVISIONS OF §5-402, THE PROCEEDING MAY BE CONDUCTED
WITHOUT PRIOR NOTICE, AND IS FINAL, TO THE EXTENT
PROVIDED IN §5-304, SUBJECT TO THE RIGHT OF AN INTERESTED
PERSON TO REQUIRE JUDICIAL PROBATE AS PROVIDED IN
SUBTITLE 4 OF THIS TITLE.

REVISOR'S NOTE: This section presently appears as
Art. 93, §5-301. The only changes are in
language and style.

5-302. ACTION ON PETITION FOR PROBATE.

UPON A REQUEST FOR ADMINISTRATIVE PROBATE CONTAINED
IN A PETITION FOR PROBATE, THE REGISTER MAY ADMIT A WILL
TO PROBATE, AND SHALL APPOINT ONE OR MORE PERSONAL
REPRESENTATIVES ON THE BASIS OF THE ALLEGATIONS CONTAINED
IN THE PETITION. THE REGISTER MAY REQUIRE ADDITIONAL
VERIFIED PROOF, AND IT SHALL BE FILED IN THE PROCEEDING.

REVISOR'S NOTE: This section presently appears as
Art. 93, §5-302. The only changes are in
style and language.

5-303. PROOF OF EXECUTION OF WILL.

THE REGISTER SHALL ASSUME DUE EXECUTION OF THE WILL:

(1) IF THE WILL APPEARS TO HAVE BEEN DULY
EXECUTED AND CONTAINS A RECITAL BY ATTESTING WITNESSES OF
FACTS CONSTITUTING DUE EXECUTION; OR