Public-domain · open source
OpenJurist

Md. Code Ann., Est. & Trusts § 5-206

Redline — January 1, 2019 → current.View current text →
Current — January 1, 2023
As of January 1, 2019
In a proceeding for administrative or judicial probate the petition for probate shall be in substantially the following form:
In the Orphans’ Court for (or) ___________________________, MarylandBefore the Register of Wills forin the Estate of:______________________________________ Estate No. ___________________________
For:
Regular Estate – Small Estate – Will of No Estate –Petition for probate Petition for Complete Items 2 and 5estate value in excess of Administration, estate$20,000. Complete and value of $20,000 or less.attach Schedule – A. Complete and attach Schedule – B.
The Petition of:_____________________________________ ______________________________________Name Address ______________________________________
_____________________________________ ______________________________________Name Address ______________________________________
_____________________________________ ______________________________________Name Address ______________________________________
In a proceeding for administrative or judicial probate the petition for probate shall be in substantially the following form: In the Orphans’ Court for (or) , Maryland Before the Register of Wills for in the Estate of: Estate No. For: ? Regular Estate – Petition for probate, estate value in excess of $20,000. Complete and attach Schedule – A. ? Small Estate – Petition for Administration, estate value of $20,000 or less. Complete and attach Schedule – B. ? Will of No Estate – Complete Items 2 and 5 The Petition of: Name Address Name Address Name Address Each of us states: 1. I am (a) at least 18 years of age and either a citizen of the United States or a permanent resident alien spouse of the decedent or (b) a trust company or any other corporation authorized by law to act as a personal representative. 2. The decedent, ,was domiciled in __________________________________________ County, State of _______________________________________ and died on the ________ day of 20_______, at ___________________. 3. If the decedent was not domiciled in this county at the time of death, this is the proper office in which to file this petition because: . 4. I am entitled to priority of appointment as personal representative of the decedent’s estate pursuant to § 5–104 of the Estates and Trusts Article, Annotated Code of Maryland because: and I am not excluded by § 5–105(c) of the Estates and Trusts Article, Annotated Code of Maryland from serving as personal representative. 5. I have made a diligent search for the decedent’s will and to the best of my knowledge: ? none exists; or ? the will dated ___________________________ (including codicils, if any, dated ________________________ ) accompanying this petition is the last will and it came into my hands in the following manner: and the names and last known addresses of the witnesses are: ____________________ ____________________ ____________________ 6. Other proceedings, if any, regarding the decedent or the estate are as follows: 7. If any information required by paragraphs 2 through 6 has not been furnished, the reason is: 8. If appointed, I accept the duties of the office of personal representative and consent to personal jurisdiction in any action brought in this State against me as personal representative or arising out of the duties of the office of personal representative. WHEREFORE, I request appointment as personal representative of the decedent’s estate and the following relief as indicated: ? that the will and codicils, if any, be admitted to administrative probate; ? that the will and codicils, if any, be admitted to judicial probate; ? that the will and codicils, if any, be filed only; ? that the following additional relief be granted: I solemnly affirm under the penalties of perjury that the contents of the foregoing petition are true to the best of my knowledge, information, and belief. Attorney’s Signature Petitioner Date Address Petitioner Date Petitioner Date Telephone Number Telephone Number In the Orphans’ Court for (or) , Maryland Before the Register of Wills for in the Estate of: Estate No. Schedule – A REGULAR ESTATE Estimated Value of Estate and Unsecured Debts: Personal property (approximate value) $ Real property (approximate value) $ Value of Property subject to: � (a) Direct Inheritance Tax of __________% $ (b) Collateral Inheritance Tax of __________% $ (c) Collateral Inheritance Tax of __________% $ Unsecured Debts (approximate amount) $ (FOR REGISTER’S USE) Safekeeping Wills Custody of Wills Bond Set $ Deputy In the Orphans’ Court for (or) , Maryland Before the Register of Wills for in the Estate of: Estate No. Schedule – B SMALL ESTATE Assets and Debts of the Decedent: 1. I have made a diligent search to discover all property and debts of the decedent and set forth below are: (a) A listing of all real and personal property owned by the decedent, individually or as tenant in common, and of any other property to which the decedent or estate would be entitled, including descriptions, values, and how the values were determined: (b) A listing of all creditors and claimants and the amounts claimed, including secured*, contingent and disputed claims: 2. Allowable funeral expenses are $ ______________; statutory family allowances are $ _____________; and expenses of administration are $ _____________. 3. Attached is a List of Interested Persons. *Note: § 5–601(d) of the Estates and Trusts Article, Annotated Code of Maryland “For the purpose of this subtitle – Value is determined by fair market value of property less debts of record secured by the property as of the date of death, to the extent that insurance benefits are not payable to the lien holder or secured party for the secured debt.” I solemnly affirm under the penalties of perjury that the contents of the foregoing schedule are true to the best of my knowledge, information, and belief. Attorney’s Signature Petitioner Date Address Petitioner Date Telephone Number Telephone Number §5–207.
Each of us states:(1) I am (a) at least 18 years of age and either a citizen of the United States or apermanent resident alien spouse of the decedent or (b) a trust company or anyother corporation authorized by law to act as a personal representative.(2) The decedent, ____________________________________________________________ ,was domiciled in __________________________________________ County, State of ______________________________________ and died on the ___________ day of 20______, at ___________________.(3) If the decedent was not domiciled in this county at the time of death, this is theproper office in which to file this petition because:_______________________________________________________________________________________________________ (4) I am entitled to priority of appointment as personal representative of thedecedent’s estate pursuant to § 5–104 of the Estates and Trusts Article,Annotated Code of Maryland because:____________________________________________________________________________________________________________________________________________________and I am not excluded by § 5–105(c) of the Estates and Trist Article, AnnotatedCode of Maryland from serving as personal representative(5) I have made a diligent search for the decedent’s will and to the best of myknowledge:none exists; orthe will dated __________________________ (including codicils, if any, dated_______________________ ) accompanying this petition is the last will and it cameinto my hands in the following manner:____________________________________________________________________________________________________________________________________________________and the names and last known addresses of the witnesses are:_____________________________________________________ _________________________________________________________________________ _________________________________________________________________________ ____________________(6) Other proceedings, if any, regarding the decedent or the estate are as follows:____________________________________________________________________________________________________________________________________________________(7) If any information required by paragraphs 2 through 6 has not been furnished,the reason is:____________________________________________________________________________________________________________________________________________________(8) If appointed, I accept the duties of the office of personal representative andconsent to personal jurisdiction in any action brought in this State against me aspersonal representative or arising out of the duties of the office of personalrepresentative.
(a) Regardless of whether a petition for probate has been filed, a verified petition to caveat a will may be filed at any time prior to the expiration of six months following the first appointment of a personal representative under a will, even if there be a subsequent judicial probate or appointment of a personal representative. If a different will is offered subsequently for probate, a petition to caveat the later offered will may be filed at a time within the later to occur of:
(1) Three months after the later probate; or
(2) Six months after the first appointment of a personal representative of a probated will.
(b) If the petition to caveat is filed before the filing of a petition for probate, or after administrative probate, it 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.
WHEREFORE, I request appointment as personal representative of thedecedent’s estate and the following relief as indicated:? that the will and codicils, if any, be admitted to administrative probate;? that the will and codicils, if any, be admitted to judicial probate;? that the will and codicils, if any, be filed only;? that the following additional relief be granted: ____________________________________________________________________________________________________________________________________________________________________________________ I solemnly affirm under the penalties of perjury that the contents of theforegoing petition are true to the best of my knowledge, information, and belief.
______________________________________ _____________________________________Attorney’s Signature Petitioner Date______________________________________ _____________________________________Address Petitioner Date______________________________________ _____________________________________ Petitioner Date______________________________________ _____________________________________Telephone Number Telephone Number
In the Orphans’ Court for (or) __________________________ , MarylandBefore the Register of Wills forin the Estate of:_______________________________________ Estate No. __________________________
Schedule – AREGULAR ESTATEEstimated Value of Estate and Unsecured Debts:Personal property (approximate value) $ _____________Real property (approximate value) $ _____________Value of Property subject to: (a) Direct Inheritance Tax of __________% $ _____________ (b) Collateral Inheritance Tax of __________% $ _____________ (c) Collateral Inheritance Tax of __________% $ _____________Unsecured Debts (approximate amount) $ _____________
(FOR REGISTER’S USE)Safekeeping Wills _____________________ Custody of Wills ____________________Bond Set $ ___________________________ Deputy _____________________________In the Orphans’ Court for (or) __________________________ , MarylandBefore the Register of Wills forin the Estate of:_______________________________________ Estate No. __________________________
Schedule – BSMALL ESTATEAssets and Debts of the Decedent:(1) I have made a diligent search to discover all property and debts of the decedentand set forth below are:(a) A listing of all real and personal property owned by the decedent, individually or as a tenant in common, and of any other property to which the decedent or estate would be entitled, including descriptions, values, and how the values were determined:__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________(b) A listing of all creditors and claimants and the amounts claimed, including secured*, contingent and disputed claims:__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________(2) Allowable funeral expenses are $ ____________; statutory family allowances are$ ____________; and expenses of administration are $ _____________.(3) Attached is a List of Interested Persons
*Note: § 5–601(d) of the Estates and Trusts Article. Annotated Code of Maryland “Forthe purpose of thus subtitle – Value is determined by fair market value of propertyless debts of record secured by the property as of the date of death, to the extent thatinsurance benefits are not payable to the lien holder or secured party for the secureddebt.”
I solemnly affirm under the penalties of perjury that the contents of theforegoing schedule are true to the best of my knowledge, information, and belief.______________________________________ _____________________________________Attorney’s Signature Petitioner Date______________________________________ _____________________________________Address Petitioner Date______________________________________ _____________________________________Telephone Number Telephone Number

Official source: Maryland General Assembly. Reproduced from public-domain Maryland statutes; confirm against the official source for the current text. Not legal advice.