Md. Code Ann., Est. & Trusts § 5-104
Priority of rights
Effective Oct 1, 2023Added by Acts 1974, c. 11, § 2, eff. July 1, 1974. Amended by Acts 1998, c. 748, § 1, eff. Oct. 1, 1998; Acts 2001, c. 582, § 1, eff. Oct. 1, 2001; Acts 2005, c. 106, § 1, eff. Oct. 1, 2005; Acts 2023, c. 647, § 1, eff. Oct. 1, 2023.State of Maryland
- (1) The personal representatives named in a will admitted to probate;
- (2) The personal representatives nominated in accordance with a power conferred in a will admitted to probate;
- (3) The surviving spouse, registered domestic partner, and children of an intestate decedent, or the surviving spouse of a testate decedent;
- (4) The residuary legatees;
- (5) The children of a testate decedent who are entitled to share in the estate;
- (6) The grandchildren of the decedent who are entitled to share in the estate;
- (7) Subject to §§ 3-111 and 3-112 of this article, the parents of the decedent who are entitled to share in the estate;
- (8) The brothers and sisters of the decedent who are entitled to share in the estate;
- (9) Other relations of the decedent who apply for administration;
- (10) The largest creditor of the decedent who applies for administration;
- (11) Any other person having a pecuniary interest in the proper administration of the estate of the decedent who applies for administration; or
- (12) Any other person.
In granting letters in administrative or judicial probate, or in appointing a successor personal representative, or a special administrator as provided in Title 6, Subtitle 4 of this article, the court and register shall observe the following order of priority, with any person in any one of the following paragraphs considered as a class:
Added by Acts 1974, c. 11, § 2, eff. July 1, 1974. Amended by Acts 1998, c. 748, § 1, eff. Oct. 1, 1998; Acts 2001, c. 582, § 1, eff. Oct. 1, 2001; Acts 2005, c. 106, § 1, eff. Oct. 1, 2005; Acts 2023, c. 647, § 1, eff. Oct. 1, 2023.
Formerly Art. 93, § 5-104.