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Maryland Code, Estates and Trusts § 5-103

Current as of January 01, 2025 | Updated by Findlaw Staff

(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.

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Cite this article: FindLaw.com - Maryland Code, Estates and Trusts § 5-103 - last updated January 01, 2025 | https://codes.findlaw.com/md/estates-and-trusts/md-code-est-and-trst-sect-5-103/

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