reglab/housing_qa huggingface dataset:
MD. Estates and Trusts Code Ann. §  5-201 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 5 - Opening the Estate|Subtitle 2 - Commencement of Proceeding|Section 5-201 - Information to Be Furnished in Petition for Probate

    (a)    The petition for probate shall contain all knowledge or information of the petitioner with respect to the items listed in subsection (b) of this section.    (b)    The petition for probate shall state:        (1)    The name, domicile, place, and date of death of the decedent;        (2)    The interest of the person filing the petition;        (3)    The county in which the decedent was domiciled at the time of death, and if the decedent was not domiciled in Maryland, the county in this State that the petitioner believes was the situs of the largest part in value of the property of the decedent at the time of death;        (4)    All other proceedings filed in Maryland and elsewhere regarding the same estate;        (5)    Whether the decedent died testate or intestate, and:            (i)    1.    If the decedent died testate, there shall be exhibited with the petition the will or a copy of the will; or                2.    If this exhibit cannot be produced, there shall be exhibited:                A.    A statement of the reasons for the inability to exhibit the will or a copy of the will;                B.    The name and the address of the person in whose custody the documents may be;                C.    A statement of the provisions of the will as far as known to the petitioner; and                D.    A statement of the manner in which the exhibit came into the hands of the petitioner as well as a statement that the petitioner knows of no later will; or            (ii)    If the decedent died intestate, a statement of the extent of a search for a will; and        (6)    The names and addresses of all persons who are witnesses to the will referred to in item (5)(i) of this subsection.
MD. Estates and Trusts Code Ann. §  5-202 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 5 - Opening the Estate|Subtitle 2 - Commencement of Proceeding|Section 5-202 - Explanation for Lack of Information in Petition

    The petition shall state the reasons why any information required by § 5–201 of this subtitle cannot be furnished by the petitioner.
MD. Estates and Trusts Code Ann. §  5-203 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 5 - Opening the Estate|Subtitle 2 - Commencement of Proceeding|Section 5-203 - Request for Administrative or Judicial Probate

    The petition shall indicate whether the petitioner elects administrative or judicial probate.
MD. Estates and Trusts Code Ann. §  5-204 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 5 - Opening the Estate|Subtitle 2 - Commencement of Proceeding|Section 5-204 - Requests Respecting Bills

    The petition shall contain, as appropriate, a request for one or more of the following acts:        (1)    The probate or recording of a will exhibited with the petition or deposited with the register pursuant to Title 4, Subtitle 2 of this article;        (2)    An order directing witnesses to an alleged will to appear and give testimony regarding its execution;        (3)    An order requiring a person alleged to have custody of a will to deliver it to the court;        (4)    An order directing all interested persons to show cause why the provisions of a lost or destroyed will should not be admitted to probate as expressed in the petition;        (5)    A finding that the decedent died intestate; and        (6)    Other relief that the petitioner may consider appropriate.
MD. Estates and Trusts Code Ann. §  5-205 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 5 - Opening the Estate|Subtitle 2 - Commencement of Proceeding|Section 5-205 - Requests Respecting Personal Representative

    (a)    The petition shall also contain a request for either of the acts provided in this section.    (b)    (1)    The petition shall request the grant of letters to the petitioner, if:            (i)    The petition is filed by all of the persons named as executors in the will of a testate decedent; or            (ii)    The persons in classes higher in the order of priority set forth in § 5–104 of this title of those entitled to administer the estate of an intestate decedent join in the petition or consent in writing to the grant.        (2)    The joinder or consent of a person who has renounced the right to administer is not necessary.    (c)    The petition shall request an order requiring persons named as executors or entitled to administration to appear and qualify for appropriate letters.
MD. Estates and Trusts Code Ann. §  5-206 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 5 - Opening the Estate|Subtitle 2 - Commencement of Proceeding|Section 5-206 - Form of Petition

    In a proceeding for administrative or judicial probate the petition for probate shall be in substantially the following form:
MD. Estates and Trusts Code Ann. §  5-207 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 5 - Opening the Estate|Subtitle 2 - Commencement of Proceeding|Section 5-207 - Caveat Proceeding

    (a)    (1)    Regardless of whether a petition for probate has been filed, a verified petition to caveat a will may be filed at any time before the expiration of 6 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.        (2)    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:            (i)    3 months after the later probate; or            (ii)    6 months after the first appointment of a personal representative of a probated will.    (b)    (1)    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.        (2)    If the petition to caveat is filed after judicial probate the matter shall be reopened and a new proceeding held as if only administrative probate had previously been determined.        (3)    In either case described in paragraphs (1) and (2) of this subsection, the provisions of Subtitle 4 of this title apply.
MD. Estates and Trusts Code Ann. §  5-301 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 5 - Opening the Estate|Subtitle 3 - Administrative Probate|Section 5-301 - Nature of Proceeding

    (a)    Administrative probate is a proceeding instituted by the filing of a petition for probate by an interested person before the register for the probate of a will or a determination of the intestacy of the decedent, and for the appointment of a personal representative.    (b)    Subject to the provisions of § 5–402 of this title, the proceeding may be conducted without prior notice, and is final, to the extent provided in § 5–304 of this subtitle, subject to the right of an interested person to require judicial probate as provided in Subtitle 4 of this title.
MD. Estates and Trusts Code Ann. §  5-302 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 5 - Opening the Estate|Subtitle 3 - Administrative Probate|Section 5-302 - Action on Petition for Probate

    (a)    On a request for administrative probate contained in a petition for probate, the register:        (1)    May admit a will to probate; and        (2)    Shall appoint one or more personal representatives on the basis of the allegations contained in the petition.    (b)    The register may require additional verified proof, which shall be filed in the proceeding.
MD. Estates and Trusts Code Ann. §  5-303 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 5 - Opening the Estate|Subtitle 3 - Administrative Probate|Section 5-303 - Proof of Execution of Will

    The register shall assume due execution of the will:         (1)    If the will appears to have been duly executed and contains a recital by attesting witnesses of facts constituting due execution; or        (2)    If it does not so appear, or if the will does not contain that recital, then upon the verified statement of a person with personal knowledge of the circumstances of execution whether or not the person was in fact an attesting witness.
MD. Estates and Trusts Code Ann. §  5-304 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 5 - Opening the Estate|Subtitle 3 - Administrative Probate|Section 5-304 - Finality of Action in Administrative Probate

    (a)    (1)    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 of this title within 6 months of administrative probate, any action taken after administrative probate shall be final and binding as to all interested persons.        (2)    Except as provided in subsection (b) of this section, a defect in a petition or proceeding relating to administrative probate shall not affect the probate or the grant of letters.    (b)    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 of this article was not given to such interested person nor did the interested person have actual notice of the petition for probate; or        (3)    There was fraud, material mistake, or substantial irregularity in the prior probate proceeding.
MD. Estates and Trusts Code Ann. §  5-401 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 5 - Opening the Estate|Subtitle 4 - Judicial Probate|Section 5-401 - Nature of Proceeding

    (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.
MD. Estates and Trusts Code Ann. §  5-402 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 5 - Opening the Estate|Subtitle 4 - Judicial Probate|Section 5-402 - When Mandatory

    A proceeding for judicial probate shall be instituted at any time before administrative probate or within the period after administrative probate provided by § 5–304 of this title:        (1)    At the request of an interested person;        (2)    By a creditor in the event that there has been no administrative probate;        (3)    If it appears to the court or the register that the petition for administrative probate is materially incomplete or incorrect in any respect;        (4)    If the will has been torn, mutilated, burned in part, or marked in a way as to make a significant change in the meaning of the will; or        (5)    If it is alleged that a will is lost or destroyed.
MD. Estates and Trusts Code Ann. §  5-403 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 5 - Opening the Estate|Subtitle 4 - Judicial Probate|Section 5-403 - Notice of Request for Judicial Probate; Form

    (a)    (1)    Notice that judicial probate has been requested shall be given promptly by the register to all interested persons as shown in the documents in the register’s file.        (2)    The petitioner shall advise the register of the names and addresses of all interested persons of whom the petitioner learns before the granting of judicial probate, and the register shall give notice to the persons in the manner prescribed by § 1–103(a)(1) of this article.        (3)    In addition, the register shall publish a notice in a newspaper of general circulation in the county where judicial probate is requested, once a week for 2 successive weeks.    (b)    The notice required by this section shall be in the following form:
MD. Estates and Trusts Code Ann. §  5-404 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 5 - Opening the Estate|Subtitle 4 - Judicial Probate|Section 5-404 - Hearing; Witnesses

    (a)    (1)    A hearing for judicial probate is a plenary proceeding conducted in accordance with the provisions of § 2–105 of this article.        (2)    A hearing for judicial probate shall adjudicate the issues raised in the hearing and shall determine the testamentary capacity of the decedent if the decedent died testate.        (3)    After the hearing for judicial probate the court shall appoint one or more personal representatives and shall, if appropriate, revoke, modify, or confirm action taken at the administrative or any prior judicial probate.    (b)    Unless the court shall otherwise order, the examination of the witnesses to the will shall be conducted by the court.
MD. Estates and Trusts Code Ann. §  5-406 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 5 - Opening the Estate|Subtitle 4 - Judicial Probate|Section 5-406 - Finality of Action in Judicial Probate

    Except as provided in §§ 5–207 of this title and 5–407 of this subtitle, any determination made by the court in a proceeding for judicial probate is final and binding on all persons.
MD. Estates and Trusts Code Ann. §  5-407 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 5 - Opening the Estate|Subtitle 4 - Judicial Probate|Section 5-407 - Subsequent Proceeding

    A judicial probate may be reopened and a new proceeding held if, following a request by an interested person within 18 months from the death of the decedent, the court finds the existence of any fact which would permit the holding of a proceeding pursuant to § 5–304(b) of this title.
MD. Estates and Trusts Code Ann. §  5-501 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 5 - Opening the Estate|Subtitle 5 - Foreign Personal Representative|Section 5-501 - Letters in Maryland Not Required

    A foreign personal representative is not required to take out letters in the State.
MD. Estates and Trusts Code Ann. §  5-502 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 5 - Opening the Estate|Subtitle 5 - Foreign Personal Representative|Section 5-502 - Powers of Foreign Personal Representative

    (a)    Any foreign personal representative may exercise in Maryland all powers of the office, and may sue and be sued in Maryland, subject to any statute or rule relating to nonresidents.    (b)    A foreign personal representative has the same power to sell, mortgage, lease, convey, or otherwise transfer or assign real property or an interest in the property which is located in Maryland as a Maryland personal representative has with respect to real property and an interest in the property.    (c)    Title to real property or an interest in the property located in Maryland sold, mortgaged, leased, conveyed, or otherwise transferred or assigned by a foreign personal representative before or after July 1, 1981, may not be defective solely by reason of the failure of the foreign personal representative to comply with requirements of the jurisdiction in which the representative was appointed concerning the sale, mortgage, lease, conveyance, transfer, or assignment of the property or an interest in the property.
MD. Estates and Trusts Code Ann. §  5-504 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 5 - Opening the Estate|Subtitle 5 - Foreign Personal Representative|Section 5-504 - Procedure for Fixing Inheritance Tax

    (a)    (1)    A foreign personal representative administering an estate which has property located in Maryland that is subject to Maryland inheritance taxes shall file with the register of the county in which the foreign personal representative believes the largest part in value of the property is located:            (i)    A copy of the person’s appointment as personal representative;            (ii)    The will of the decedent, if there is a will, authenticated pursuant to 28 U.S.C. § 1738; and            (iii)    A verified application that shall:                1.    Describe all the property owned by the estate in Maryland and known to the foreign personal representative; and                2.    Set forth the market value and the basis on which that value has been determined.        (2)    The register shall proceed to fix the amount of the inheritance tax due and may require other evidence of value, or make an independent investigation, as the register considers appropriate.        (3)    The determination of the register is final, subject to appeal to the Maryland Tax Court.    (b)    Upon payment of the tax, the register shall issue to the foreign personal representative a receipt for it.    (c)    It is not necessary for the foreign personal representative to institute other proceedings before the register with respect to the assets subject to the jurisdiction of Maryland.    (d)    Nothing contained in this section shall relieve the foreign personal representative from the responsibility for paying the death taxes due the State.
MD. Estates and Trusts Code Ann. §  5-505 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 5 - Opening the Estate|Subtitle 5 - Foreign Personal Representative|Section 5-505 - Lien for Payment of Taxes

    Until the foreign personal representative pays, or secures to the satisfaction of the register, the payment of the inheritance tax fixed as provided in § 5–504 of this subtitle, with interest and penalties, and files the receipt for the payment or evidence of security with the register to be included among the permanent records of the court, the unpaid tax obligation shall constitute a lien against the property in accordance with the provisions of § 13–806 of the Tax – General Article.
MD. Estates and Trusts Code Ann. §  5-506 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 5 - Opening the Estate|Subtitle 5 - Foreign Personal Representative|Section 5-506 - Order Directing Transfer of Title to Property

    If a foreign personal representative fails within a reasonable time to transfer the title to real or leasehold property located in the State to the person entitled to it, the court may by appropriate order direct the transfer of title to the person if:        (1)    The will, if there is one, or a copy authenticated pursuant to 28 U.S.C. § 1738 is filed in the office of the register;        (2)    Every death tax with interest and penalties has been paid as contemplated in § 5–504 of this subtitle;        (3)    Notice in a form approved by the court has been published to the effect that the decedent died owning the real or leasehold property as defined in § 5–503(a) of this subtitle; and        (4)    All claims of creditors have been satisfied.
MD. Estates and Trusts Code Ann. §  5-601 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 5 - Opening the Estate|Subtitle 6 - Small Estates|Section 5-601 - Administration in Accordance With Subtitle

    (a)    If the property of the decedent subject to administration in Maryland is established to have a value of $50,000 or less as of the date of the death of the decedent, the estate may be administered in accordance with the provisions of §§ 5–602 through 5–607 of this subtitle.    (b)    If, before the filing of an initial account in administration proceedings instituted under Subtitle 3 or Subtitle 4 of this title, the property of the decedent subject to administration in Maryland is established to have a value of $50,000 or less as of the date of the death of the decedent, the estate thereafter may be administered in accordance with the provisions of §§ 5–602 through 5–607 of this subtitle.    (c)    If the surviving spouse is the sole legatee or heir of the decedent and if before the filing of an initial account in administration proceedings instituted under Subtitle 3 or Subtitle 4 of this title, the property of the decedent subject to administration in Maryland is established to have a value of $100,000 or less as of the date of the death of the decedent, the estate thereafter may be administered in accordance with the provisions of §§ 5–602 through 5–607 of this subtitle.    (d)    For the purpose of this subtitle, value is determined by the fair market value of property less debts of record secured by the property, as of the date of death, to the extent that insurance benefits are not payable to the lien holder or secured party for the secured debt.
MD. Estates and Trusts Code Ann. §  5-602 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 5 - Opening the Estate|Subtitle 6 - Small Estates|Section 5-602 - Petition for Administration

    A petition for administration of a small estate may be filed by any person entitled to administration pursuant to § 5–104 of this title and shall contain, in addition to the information required by §§ 5–201 and 5–202 of this title:        (1)    A statement that the petitioner has made a diligent search to discover all property and debts of the decedent;        (2)    A list of the known property and its value;        (3)    A list of the known creditors of the decedent, with the amount of each claim, including contingent and disputed claims; and        (4)    A statement of any legal proceedings pending in which the decedent was a party.
MD. Estates and Trusts Code Ann. §  5-603 (2021)
2021 Maryland Statutes|Estates and Trusts|Title 5 - Opening the Estate|Subtitle 6 - Small Estates|Section 5-603 - Proceedings After Petition

    (a)    If the register finds that the petition and additional information filed in the proceeding is accurate, the register shall:        (1)    Direct that the petitioner serve as personal representative of the small estate and issue additional letters of administration as needed;        (2)    Direct the immediate payment of the allowable funeral expenses as provided in § 8–106 of this article and the family allowances provided in § 3–201 of this article;        (3)    Direct sale of property as may be necessary to satisfy expenses and allowances; and        (4)    If it appears that there will be property remaining after the payments, expenses and allowances, admit a will to probate and direct that notice be given in accordance with subsection (b) of this section.    (b)    (1)    If the register directs a proceeding in accordance with subsection (a)(4) of this section, unless notice of the appointment of a personal representative appointed under Subtitle 3 or Subtitle 4 of this title has been published one or more times, notice shall be given once in the form required by § 7–103 of this article, but the period within which objection must be made to the action is 30 days from the date of publication of notice and the period within which claims must be filed is the earlier of the following dates:            (i)    6 months after the date of the decedent’s death; or            (ii)    30 days after the personal representative mails or otherwise delivers to the creditor a copy of a notice in the form required by § 7–103 of this article or other written notice, notifying the creditor that the creditor’s claim will be barred unless the creditor presents the claim within 30 days from the mailing or other delivery of the notice.        (2)    In delivering a copy of a notice to the creditor under paragraph (1)(ii) of this subsection, the personal representative shall comply with the provisions of § 7–103.1 of this article.        (3)    If the register directs a proceeding in accordance with subsection (a)(4) of this section and if notice of the appointment of a personal representative appointed under Subtitle 3 or Subtitle 4 of this title has been published one or more times, the notice provisions of § 7–103 of this article and the time limits specified therein shall apply.