State Codes and Statutes

Statutes > Maryland > Estates-and-trusts > Title-5 > Subtitle-2 > 5-207

§ 5-207. Caveat proceeding.
 

(a)  Filing petition to caveat.- Regardless of whether a petition for probate has been filed, a verified petition to caveat a will may be filed at any time prior to the expiration of six 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. 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: 

(1) Three months after the later probate; or 

(2) Six months after the first appointment of a personal representative of a probated will. 

(b)  Effect of petition.- 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. If filed after judicial probate the matter shall be reopened and a new proceeding held as if only administrative probate had previously been determined. In either case the provisions of Subtitle 4 of this title apply. 
 

[An. Code 1957, art. 93, § 5-207; 1974, ch. 11, § 2; 1996, ch. 10, § 1.] 
 

State Codes and Statutes

Statutes > Maryland > Estates-and-trusts > Title-5 > Subtitle-2 > 5-207

§ 5-207. Caveat proceeding.
 

(a)  Filing petition to caveat.- Regardless of whether a petition for probate has been filed, a verified petition to caveat a will may be filed at any time prior to the expiration of six 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. 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: 

(1) Three months after the later probate; or 

(2) Six months after the first appointment of a personal representative of a probated will. 

(b)  Effect of petition.- 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. If filed after judicial probate the matter shall be reopened and a new proceeding held as if only administrative probate had previously been determined. In either case the provisions of Subtitle 4 of this title apply. 
 

[An. Code 1957, art. 93, § 5-207; 1974, ch. 11, § 2; 1996, ch. 10, § 1.] 
 


State Codes and Statutes

State Codes and Statutes

Statutes > Maryland > Estates-and-trusts > Title-5 > Subtitle-2 > 5-207

§ 5-207. Caveat proceeding.
 

(a)  Filing petition to caveat.- Regardless of whether a petition for probate has been filed, a verified petition to caveat a will may be filed at any time prior to the expiration of six 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. 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: 

(1) Three months after the later probate; or 

(2) Six months after the first appointment of a personal representative of a probated will. 

(b)  Effect of petition.- 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. If filed after judicial probate the matter shall be reopened and a new proceeding held as if only administrative probate had previously been determined. In either case the provisions of Subtitle 4 of this title apply. 
 

[An. Code 1957, art. 93, § 5-207; 1974, ch. 11, § 2; 1996, ch. 10, § 1.]