2010 Maryland Code
Subtitle 4 - Judicial Probate
Section 5-402 - When mandatory.

§ 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. 

(a) At the request of an interested person; 

(b) By a creditor in the event that there has been no administrative probate; 

(c) If it appears to the court or the register that the petition for administrative probate is materially incomplete or incorrect in any respect; 

(d) 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; 

(e) If it is alleged that a will is lost or destroyed. 

[An. Code 1957, art. 93, § 5-402; 1974, ch. 11, § 2.] 

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