88 LAWS Of MARYLAND [Ch. 11
A DETERMINATION OF THE INTESTACY OF THE DECEDENT, AND FOR
THE APPOINTMENT OF A PERSONAL REPRESENTATIVE. THE
PROCEEDING IS CONDUCTED AFTER NOTICE AS PROVIDED IN
§5-403, AND IS FINAL EXCEPT AS PROVIDED IN §5-406. IF NO
PETITION IS FILED WITHIN A REASONABLE TIME THE REGISTER
MAY FILE IT WITH THE APPROVAL OF THE COURT.
REVISOR'S NOTE: This section presently appears as
Art. 93, §5-401. The only changes are in
language.
5-402. WHEN MANDATORY.
A PROCEEDING FOR JUDICIAL PROBATE SHALL BE
INSTITUTED AT ANY TIME BEFORE ADMINISTRATIVE PROBATE OR
WITHIN THE PERIOD AFTER ADMINISTRATIVE PROBATE PROVIDED
BY §5-304.
(A) AT THE REQUEST OF AN INTERESTED PERSON;
(B) BY A CREDITOR IN THE EVENT THAT THERE HAS BEEN
NO ADMINISTRATIVE 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;
(D) IF THE WILL HAS BEEN TORN, MUTILATED, BURNED IN
PART, OR MARKED IN A WAY AS TO MAKE A SIGNIFICANT CHANGE
IN THE MEANING OF THE WILL;
(E) IF IT IS ALLEGED THAI A WILL IS LOST OR
DESTROYED.
REVISOR'S NOTE: This section presently appears as
Art. 93, §5-402. No change is made.
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 DOCUMENTS IN HIS FILE. THE
PETITIONER SHALL ADVISE THE REGISTER OF THE NAMES AND
ADDRESSES OF ALL INTERESTED PERSONS OF WHOM HE MAY LEARN
PRIOR TO THE GRANTING OF JUDICIAL PROBATE, AND THE
REGISTER SHALL GIVE NOTICE TO THE PERSONS IN THE MANNER
PRESCRIBED BY THE FIRST SENTENCE OF §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.
(B) FORM OF NOTICE.
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