Legal Question in Wills and Trusts in Maryland

How much time do I have to contest a will in Maryland ?

Asked on 6/07/11, 4:09 pm

1 Answer from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Here is applicable code for the time period to file. You should contact an attorney as such a case is more complex than it may appear.

5-207. Caveat proceeding.

(a) Filing petition to caveat.- Regardless of whether a petition for probate has been filed, a verified petition to caveat a will may be filed at any time prior to the expiration of six months following the first appointment of a personal representative under a will, even if there be a subsequent judicial probate or appointment of a personal representative. If a different will is offered subsequently for probate, a petition to caveat the later offered will may be filed at a time within the later to occur of:

(1) Three months after the later probate; or

(2) Six months after the first appointment of a personal representative of a probated will.

(b) Effect of petition.- If the petition to caveat is filed before the filing of a petition for probate, or after administrative probate, it has the effect of a request for judicial probate. If filed after judicial probate the matter shall be reopened and a new proceeding held as if only administrative probate had previously been determined. In either case the provisions of Subtitle 4 of this title apply.

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Answered on 6/10/11, 1:05 pm

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