Md. Code, Est. & Trusts § 5-401 : ESTATES AND TRUSTS — OPENING THE ESTATE — JUDICIAL PROBATE —401 - Nature of proceeding TEXT PDF (a) Judicial probate is a proceeding instituted by: (1) The filing of a petition for probate by an interested person, or creditor, with the court for the probate of a will; or (2) A determination of the intestacy of the decedent, and for the appointment of a personal representative. (b) The proceeding is conducted after notice as provided in § 5-403 of this subtitle, and is final except as provided in § 5-406 of this subtitle. (c) If no petition is filed within a reasonable time the register may file it with the approval of the court. Md. Code, ET § 5-401 Amended by 2019 Md. Laws, Ch. 197,Sec. 1, eff. 10/1/2019.