2010 Maryland Code
ESTATES AND TRUSTS
TITLE 5 - OPENING THE ESTATE
Subtitle 2 - Commencement of Proceeding
Section 5-207 - Caveat proceeding.
§ 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.]
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