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Terms Used In Maryland Code, ESTATES AND TRUSTS 5-401

  • Decedent: A deceased person.
  • 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
(a) Judicial probate is a proceeding instituted by:

(1) The filing of a petition for probate by an interested person, or creditor, with the court for the probate of a will; or

(2) A determination of the intestacy of the decedent, and for the appointment of a personal representative.

(b) The proceeding is conducted after notice as provided in § 5-403 of this subtitle, and is final except as provided in § 5-406 of this subtitle.

(c) If no petition is filed within a reasonable time the register may file it with the approval of the court.