How to Secure Missing Estate Documents from Uncooperative Institutions in Maryland
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Detailed Answer
When handling an estate in Maryland, you may need critical documents—wills, deeds, bank statements, insurance policies—that institutions sometimes withhold. Below are steps to compel production under Maryland law.
1. Obtain Certified Copies of Filed Wills
If the decedent’s will was probated, request a certified copy from the Register of Wills in the county where probate occurred. Under Md. Code Ann., Est. & Tr. § 4-105, the Register must provide certified copies upon request. (Est. & Tr. § 4-105)
2. Petition the Orphans’ Court to Open Safe-Deposit Boxes
If a bank refuses to open a decedent’s safe-deposit box without a personal representative, file a petition in Orphans’ Court under Md. Code Ann., Est. & Tr. § 7-402. The court can appoint someone to inventory or remove documents and valuables. (Est. & Tr. § 7-402)
3. Issue a Subpoena Duces Tecum in Probate Proceedings
Under the Maryland Rules, personal representatives and executors can use subpoenas to compel third parties to produce documents in probate proceedings. See Md. Rules 2-421(b) (civil subpoenas) and 5-103(c) (Orphans’ Court subpoenas). File the subpoena with the court clerk and serve it on the uncooperative institution.
4. Petition for Judicial Compulsion or Contempt
If the institution still refuses, file a motion in Orphans’ Court for an order compelling production. If they violate the order, you may seek contempt sanctions and attorney’s fees under Md. Code Ann., Cts. & Jud. Proc. § 1-203(b).
5. Use Ancillary Discovery Tools
In complicated estates, you can take depositions or serve interrogatories under Maryland Rules 2-401 et seq. This approach gives you a formal discovery process to identify documents and hold institutions accountable.
Helpful Hints
- Gather all account numbers, box numbers and policy numbers to streamline your requests.
- Serve subpoenas personally or via certified mail with return receipt to prove delivery.
- Consult the county Register of Wills website for local forms and filing fees.
- Keep detailed logs of correspondence and refusal letters from institutions.
- Work quickly: Maryland law may impose deadlines for filing estate petitions and motions.