Md. R. Estate Settlem. 6-301

As amended through November 13, 2024
Rule 6-301 - Petition for Probate
(a) Form of Petition.

A petition for probate, whether administrative or judicial, shall be filed with the register in the form set forth in Rule 6-122(a).

Cross reference: Code, Estates and Trusts Article, §§ 5-104, 5-105, 5-301, and 5-401.

(b) Modification of Form. The form set forth in Rule 6-122(a) shall be appropriately modified if the petitioner for judicial probate is not requesting appointment as personal representative.
(c) Additional Documents--Administrative Probate. A petition for administrative probate shall be accompanied by a Notice of Appointment in duplicate (Rule 6-311 ), a Bond (Rule 6-312(a) or (b) ), and, if required: a Consent to Appointment of Personal Representative (Rule 6-313 ), a Renunciation of Right to Letters (Rule 6-314 ), and Appointment of Resident Agent (Rule 6-315 ), and a Proof of Execution of Will (Rule 6-152 ). The List of Interested Persons (Rule 6-316 ) may be filed by the petitioner at this time and, if not so filed, shall be filed by the personal representative within 20 days after appointment.
(d) Additional Documents--Judicial Probate. A petition for judicial probate shall be accompanied by a List of Interested Persons (Rule 6-316 ), including all legatees under any will or codicil offered for probate, and if required: a Personal Representative's Acceptance and Consent (Rule 6-342 ), a Consent to Appointment of Personal Representative (Rule 6-313 ), a Renunciation of Right to Letters (Rule 6-314 ), and an appointment of Resident Agent (Rule 6-315 ).

Md. R. Estate Settlem. 6-301

Adopted June 28, 1990, eff. 1/1/1991. Amended Feb. 10, 1998, eff. 7/1/1998.