Maryland § 5-304
Full text of Maryland Maryland Code § 5-304, with citation guidance and answers to common questions.
§ 5-304.
(a) (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.
Frequently Asked Questions About Maryland § 5-304
What does Maryland Code § 5-304 cover?
Section 5-304 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 § 5-304?
A common citation format is "Maryland Code § 5-304" (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 § 5-304 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.