§ 5-304
205 words·~1 min read·
/md/estates-and-trusts/5-304·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§5–304.
(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.