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Terms Used In Maryland Code, ESTATES AND TRUSTS 2-102

  • Decedent: A deceased person.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
  • Personal representative: includes an administrator and an executor. See
  • Probate: Proving a will
  • Statute: A law passed by a legislature.
(a) (1) The court may:

(i) Conduct judicial probate;

(ii) Direct the conduct of a personal representative;

(iii) Summon witnesses; and

(iv) Issue orders that may be:

1. Required in the course of the administration of an estate of a decedent; or

2. Necessary to determine the value or sources of payment of an elective share under § 3-413 of this article.

(2) The court may not, under pretext of incidental power or constructive authority, exercise any jurisdiction not expressly conferred.

(b) The court may not establish rules of practice and procedure inconsistent with the Maryland Rules or with any statute.

(c) An interested person may petition the court to resolve any question concerning an estate or its administration.

(d) This section may not be construed to limit the court’s authority under § 1-301(b) of this article.