MARVIN MANDEL, Governor                                      87

(2) If IT DOES NOT SO APPEAR, OR IF THE WILL
DOES NOT CONTAIN THAT RECITAL, THEN UPON THE VERIFIED
STATEMENT OF A PERSON WITH PERSONAL KNOWLEDGE OF THE
CIRCUMSTANCES OF EXECUTION WHETHER OR NOT THE PERSON HAS
IN FACT AN ATTESTING WITNESS.

REVISOR'S NOTE: This section presently appears as
Art, 93, §5-303. The only changes are in
style and language.

5-304. FINALITY OF ACTION IN ADMINISTRATIVE PROBATE.
(A) GENERAL.

UNLESS A TIMELY REQUEST FOR JUDICIAL PROBATE HAS
BEEN FILED PURSUANT TO SUBSECTION (B) OF THIS SECTION, OR
UNLESS A REQUEST HAS BEEN FILED PURSUANT TO §5-402 WITHIN
[[FOUR]] SIX MONTHS OF ADMINISTRATIVE PROBATE, ANY ACTION
TAKEN AFTER ADMINISTRATIVE PROBATE SHALL BE FINAL AND
BINDING AS TO ALL INTERESTED PERSONS. EXCEPT AS PROVIDED
IN SUBSECTION (B), A DEFECT IN A PETITION OR PROCEEDING
RELATING TO ADMINISTRATIVE PROBATE [[MAY]] SHALL NOT
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 18 MONTHS OF THE
DEATH OF DECEDENT, 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 UNAWARE OF THE EXISTENCE
OF A WILL AT THAT TIME OF THE PRIOR PROBATE; [[OR]]

(2)   THE NOTICE PROVIDED IN §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.

REVISOR'S NOTE: This section presently appears as
Art. 93, §5-304. The only changes are in
style.

SUBTITLE 4. JUDICIAL PROBATE.
5-401. NATURE OF PROCEEDING.

JUDICIAL PROBATE IS A PROCEEDING INSTITUTED BY THE
FILING OF A PETITION FOR PROBATE BY AN INTERESTED PERSON,
OR CREDITOR, WITH THE COURT FOR THE PROBATE OF A WILL OR