Maryland Code, ESTATES AND TRUSTS 5-103
Terms Used In Maryland Code, ESTATES AND TRUSTS 5-103
- County: means a county of the State or Baltimore City. See
- Decedent: A deceased person.
- including: means includes or including by way of illustration and not by way of limitation. See
- 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.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Personal property: All property that is not real property.
- Probate: Proving a will
- Trustee: A person or institution holding and administering property in trust.
- Venue: The geographical location in which a case is tried.
(b) (1) For the purpose of determining venue for the administration of the estate of a decedent who was not domiciled in Maryland at the time of death, the situs of tangible personal property is its location.
(2) (i) The situs of intangible personal property is the location of the instrument evidencing a debt, obligation, stock, or chose in action.
(ii) If there is no instrument, the residence of the debtor governs.
(3) The situs of an interest in property held in trust is any county where the trustee may be sued.
(c) (1) Probate proceedings concerning a decedent may not be maintained in more than one county.
(2) If a proceeding is commenced in more than one county, the court of the county where proceedings are filed first has exclusive jurisdiction to determine venue.
(3) If proper venue is finally determined to be in another county, the proceeding, including a will, petition, or any other paper filed, shall be transferred to the proper court.