Section 5-304 - Finality of action in administrative probate. - Maryland Statutes

§ 5-304. Finality of action in administrative probate.
 

(a)  General.- Unless a timely request for judicial probate has been filed pursuant to subsection (b) of this section, or unless a request has been filed pursuant to § 5-402 within six months of administrative probate, any action taken after administrative probate shall be final and binding as to all interested persons. Except as provided in subsection (b), a defect in a petition or proceeding relating to administrative probate shall not affect the probate or the grant of letters. 

(b)  Exceptions.- An administrative probate may be set aside and a proceeding for judicial probate instituted if, following a request by an interested person within 18 months of the death of decedent, the court finds that: 

(1) The proponent of a later offered will, in spite of the exercise of reasonable diligence in efforts to locate any will, was actually unaware of the existence of a will at the time of the prior probate; 

(2) The notice provided in § 2-210 was not given to such interested person nor did he have actual notice of the petition for probate; or 

(3) There was fraud, material mistake, or substantial irregularity in the prior probate proceeding. 
 

[An. Code 1957, art. 93, § 5-304; 1974, ch. 11, § 2; 1975, ch. 88; 1985, ch. 10, § 3.]