Maryland § 5-103

Full text of Maryland Maryland Code § 5-103, with citation guidance and answers to common questions.

§ 5-103.

    (a)    The venue for administrative or judicial probate is in the county in which the decedent was domiciled at the time of death, or, if the decedent was not domiciled in Maryland, the county in which the petitioner believes the largest part in value of the property of the decedent in Maryland was located at the time of death.

    (b)    (1)    For the purpose of determining venue for the administration of the estate of a decedent who was not domiciled in Maryland at the time of death, the situs of tangible personal property is its location.

        (2)    (i)    The situs of intangible personal property is the location of the instrument evidencing a debt, obligation, stock, or chose in action.

            (ii)    If there is no instrument, the residence of the debtor governs.

        (3)    The situs of an interest in property held in trust is any county where the trustee may be sued.

    (c)    (1)    Probate proceedings concerning a decedent may not be maintained in more than one county.

        (2)    If a proceeding is commenced in more than one county, the court of the county where proceedings are filed first has exclusive jurisdiction to determine venue.

        (3)    If proper venue is finally determined to be in another county, the proceeding, including a will, petition, or any other paper filed, shall be transferred to the proper court.

Frequently Asked Questions About Maryland § 5-103

What does Maryland Code § 5-103 cover?

Section 5-103 is part of the Maryland Code, the codified statutory law of Maryland. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Maryland § 5-103?

A common citation format is "Maryland Code § 5-103" (Maryland). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Maryland law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Maryland official source linked on this page or consult a licensed Maryland attorney.

How does Maryland § 5-103 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Maryland can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Maryland.