Md. Code Ann., Est. & Trusts § 5-207
Petition to caveat will
Effective Oct 1, 2019Added by Acts 1974, c. 11, § 2, eff. July 1, 1974. Amended by Acts 1996, c. 10, § 1, eff. April 9, 1996; Acts 2019, c. 197, § 1, eff. Oct. 1, 2019.State of Maryland
(a)
- (1) Regardless of whether a petition for probate has been filed, a verified petition to caveat a will may be filed at any time before the expiration of 6 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.
(2) 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:
- (i) 3 months after the later probate; or
- (ii) 6 months after the first appointment of a personal representative of a probated will.
(b)
- (1) 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.
- (2) If the petition to caveat is filed after judicial probate the matter shall be reopened and a new proceeding held as if only administrative probate had previously been determined.
- (3) In either case described in paragraphs (1) and (2) of this subsection, the provisions of Subtitle 4 of this title apply.
Added by Acts 1974, c. 11, § 2, eff. July 1, 1974. Amended by Acts 1996, c. 10, § 1, eff. April 9, 1996; Acts 2019, c. 197, § 1, eff. Oct. 1, 2019.
Formerly Art. 93, § 5-207.