What happens if a will wasn’t properly signed and is treated as invalid in probate? — Maryland FAQ

Short answer: If a will is found invalid because it was not properly signed or witnessed under Maryland law, the probate court will usually refuse to admit it, the estate will be handled without that document, and the decedent’s property will pass according to any earlier valid will or, if none exists, Maryland’s intestacy rules. This can remove named beneficiaries and appointed fiduciaries from control of the estate. Read on for a clear, practical explanation of how that works and what you can do next.

Detailed Answer — How Maryland law treats improperly executed wills

1. Formal signing and witnessing requirements

Maryland requires certain formalities for a will to be admitted to probate. In practice, a valid will generally must be in writing and the testator must sign the will (or a surrogate sign on the testator’s direction), and the signature must be witnessed and attested in the manner required by Maryland law. For official guidance on Maryland probate and wills, see the Maryland Courts pages on wills and probate: https://www.mdcourts.gov/family/wills and https://www.mdcourts.gov/probate.

2. What the probate court does if formalities are missing

If someone presents a document as the decedent’s will but the document lacks required formalities, the personal representative or another interested person can challenge its admission. If the court concludes the document fails to meet Maryland’s execution rules, the court will refuse to admit that document as the decedent’s will.

3. Immediate legal consequences

• The beneficiaries named only in the invalid will generally receive no property under that document.
• The person named as executor (personal representative) in the invalid will will not gain authority from that document; the court will appoint an administrator under Maryland law instead.
• If an earlier valid will exists, the court will try to admit the earlier will to probate. If no valid will exists, the estate will be distributed under Maryland’s intestacy rules (the state’s default rules for dividing property when there is no valid will).

4. Distribution under intestacy

When an estate is intestate, Maryland law specifies who inherits (usually relatives in a priority scheme: spouse, children, parents, siblings, etc.). Intestacy can look very different from what the decedent intended, so an invalid will can produce surprising outcomes. For more on Maryland intestate succession, see Maryland statutes and resources on intestacy (court pages and the Maryland Code explain the rules).

Possible exceptions, challenges, and remedies

1. Prior valid will

If there is an earlier properly executed will, the estate administrator or interested party can present that will for probate. The earlier will can control the distribution.

2. Documents showing testamentary intent

In some circumstances, courts may consider extrinsic evidence that a decedent intended a document to operate as a will. Whether Maryland courts admit an improperly executed document based on intent or other equitable doctrines depends on case law and the precise facts. Because courts apply strict rules to testamentary instruments, success is not guaranteed. Gathering clear evidence (signatures, contemporaneous notes, witnesses who can attest to intent) helps any challenge to an invalidity finding.

3. Will contests and defenses

Interested parties can file challenges (to object to admission) or defenses (to support admission) during probate. Courts resolve disputes by looking at the document, the execution process, witness testimony, and applicable law.

Practical consequences for people involved

• Potential delays and increased legal costs when beneficiaries and fiduciaries fight over admission.
• Possible appointment of a different fiduciary if the named executor’s authority depends on the invalid will.
• Risk that the decedent’s assets will pass in a way the decedent did not intend.

What you should do next — practical steps

1. Do not distribute assets. If you are an appointed executor or a person holding estate assets, preserve them until the court rules.
2. Locate any earlier wills and all related documents (codicils, drafts, notes, declarations).
3. Collect witnesses and evidence showing the decedent’s intent and the circumstances of signing.
4. Contact a probate or estate attorney promptly. Probate matters have strict procedural rules and deadlines.
5. If you’re named in a document that may be invalid, ask an attorney about filing to admit or to contest admission of the document in probate court.

Helpful Hints

• Confirm formalities before relying on a will: a properly executed will avoids most disputes.
• Keep multiple originals in safe places and tell a trusted person where they are.
• If you are a witness, keep a record of where and when you signed and any contemporaneous observations about the signer’s mental state.
• Act fast: probate proceedings and contests have deadlines. Delays can limit your options.
• If a will is likely invalid, look for an earlier valid will or other planning documents (trusts, beneficiary designations) that may control asset transfer outside probate.
• Even if a will is invalid for signature defects, some property (life insurance, retirement accounts) may pass outside probate according to beneficiary designations.

Where to read more

Maryland Courts — Wills: https://www.mdcourts.gov/family/wills

Maryland Courts — Probate: https://www.mdcourts.gov/probate

Maryland General Assembly — Maryland Code (Estates & Trusts Article): https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=est

Disclaimer: This article explains general Maryland probate principles and is for educational purposes only. It does not constitute legal advice and does not create an attorney-client relationship. For advice about a specific situation, consult a licensed Maryland probate or estate attorney.