Petition for Probate of Will and for Letters Testamentary (Maryland)

PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY

Proceeding elected (§ 5-203): ☐ Administrative probate before the Register ☐ Judicial probate before the Court

Estate route: ☐ Regular estate; the completed Schedule A appears below. Review § 5-601 and current Register of Wills Form RW1112 to confirm that a regular estate is the proper route.

The petition of [PETITIONER FULL LEGAL NAME], whose address is [STREET, CITY, STATE, ZIP], states:

1. Petitioner's Interest and Qualifications

Petitioner seeks appointment as personal representative because [NAMED IN THE WILL / NOMINATED UNDER A POWER IN THE WILL / OTHER § 5-104 BASIS, EXPLAIN]. Petitioner's relationship to the Decedent is [________________________________].

If Petitioner is an individual, Petitioner is at least 18 years old, mentally competent, and satisfies current Estates and Trusts § 5-105 as amended by 2026 Chapter 537. Check the applicable basis:

☐ U.S. citizen.

☐ U.S. permanent resident.

☐ Neither of the above, but domiciled in the United States and the Decedent's ☐ spouse ☐ ancestor ☐ descendant ☐ sibling.

☐ Petitioner is instead a trust company or other corporation authorized by law to serve as personal representative.

If Petitioner is an individual, Petitioner ☐ has not been convicted of a serious crime reflecting adversely on honesty, trustworthiness, or fitness to serve; or ☐ has such a conviction and shows good cause for appointment as follows: [________________________________]. Petitioner is not otherwise barred by § 5-105. If Petitioner is an individual who is not a Maryland resident, the required irrevocable designation of a Maryland resident for service of process is on file with the Register: [NAME / FILING REFERENCE].

Petitioner ☐ has not feloniously and intentionally killed, conspired to kill, or procured the killing of the Decedent; or ☐ requires a separate eligibility explanation: [________________________________].

2. Decedent and Venue

The Decedent, [DECEDENT FULL LEGAL NAME], was domiciled at death in [COUNTY, STATE] and died on [__/__/____] at [PLACE OF DEATH].

Venue lies in [COUNTY / BALTIMORE CITY], Maryland under § 5-103 because:

☐ The Decedent was domiciled here at death.

☐ The Decedent was not domiciled in Maryland, and Petitioner believes the largest part by value of the Decedent's Maryland property was here. Facts supporting that belief: [________________________________].

3. Will Offered and Related Proceedings

Petitioner offers for probate the Will dated [__/__/____] and codicils dated [DATES / NONE]. ☐ The Will or a copy accompanies this petition. ☐ Neither can be exhibited; the reason, custodian's name and address, known provisions, and how Petitioner learned of the Will are: [________________________________].

Petitioner made a diligent search for a later Will and knows of none. The Will came into Petitioner's hands as follows: [________________________________]. The original Will ☐ accompanies this petition ☐ is held by the Register ☐ is held by [CUSTODIAN AND ADDRESS].

The names and last known addresses of all known attesting witnesses are:

Execution evidence under § 4-102: [________________________________]. If administrative probate is elected, § 5-303 permits the Register to assume due execution based on ☐ an attesting-witness recital of facts constituting due execution or ☐ a verified statement from a person with personal knowledge of execution. Identify the evidence supplied: [________________________________].

All other known proceedings in Maryland or elsewhere concerning the Decedent or estate are: [NONE / COURT OR REGISTER, CASE NUMBER, STATUS].

For any petition information Petitioner cannot supply, the reason is: [NONE / EXPLAIN].

4. Priority, Interested Persons, and Bond

Petitioner's priority class under § 5-104 is [CLASS NUMBER AND FACTUAL BASIS]. Any person with equal or higher priority who has renounced or consented in writing is identified with the relevant document here: [NAMES / DOCUMENTS / NONE].

Known heirs and legatees, including their last known addresses, are identified below for the Register and for any later notice required by law:

Petitioner requests that any applicable bond be set under § 6-102. ☐ The Will expressly excuses the ordinary bond. ☐ All interested persons have waived the ordinary bond in writing. ☐ Neither ground applies. Even if the ordinary bond is excused, a bond sufficient to secure debts and Maryland inheritance taxes remains required under § 6-102(b), subject to the exception for a qualifying national banking association or trust company in § 6-102(c). Bond documents or waiver evidence: [________________________________].

5. Request for Relief

Petitioner asks the Register or Court, as elected above, to:

1. Admit the Will and listed codicils to ☐ administrative ☐ judicial probate;
2. Appoint Petitioner as personal representative under §§ 5-104 and 5-105;
3. Issue Letters Testamentary to Petitioner; and
4. Set any bond required by § 6-102 and grant appropriate further relief.

If appointed, Petitioner accepts the duties of personal representative and consents to personal jurisdiction in Maryland in an action against Petitioner as personal representative or arising from those duties.

I solemnly affirm under the penalties of perjury that the contents of this petition are true to the best of my knowledge, information, and belief.

Attorney address, telephone, and Maryland bar number, if applicable: [________________________________]

SCHEDULE A — REGULAR ESTATE