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§ 5-304. Finality of action in administrative probate

MD Est & Trusts Code § 5-304 (2019) (N/A)
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(a)    (1)    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 of this title within 6 months of administrative probate, any action taken after administrative probate shall be final and binding as to all interested persons.

(2)    Except as provided in subsection (b) of this section, a defect in a petition or proceeding relating to administrative probate shall not affect the probate or the grant of letters.

(b)    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 the time of the prior probate;

(2)    The notice provided in § 2–210 of this article was not given to such interested person nor did the interested person have actual notice of the petition for probate; or

(3)    There was fraud, material mistake, or substantial irregularity in the prior probate proceeding.

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§ 5-303. Proof of execution of will
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