Detailed Answer
Under Maryland law, locating and verifying original wills and codicils before opening probate ensures that the decedent’s final wishes are honored and that the probate process proceeds smoothly. Below is a step-by-step overview of how to find and confirm valid testamentary documents.
1. Locating Original Wills and Codicils
- Personal Records: Search the decedent’s home office, safe, desk drawers and filing cabinets for a sealed envelope or folder labeled “Will” or “Estate.”
- Safe Deposit Box: Check joint or individual safe deposit boxes. A will may be stored there; banks typically require a court order or court-issued letters to grant access after death.
- Attorney’s Office: Contact any attorneys who handled the decedent’s estate planning. Many lawyers retain original wills and codicils for safekeeping.
- Financial Institutions: Ask banks or trust companies where the decedent had accounts; they may hold the original documents under a fiduciary arrangement.
- Family Members: Speak with the executor named in any draft documents or close relatives; they may know of the will’s location or have received a copy.
2. Verifying Authenticity Under Maryland Law
Once you locate a purported will or codicil, confirm that it meets Maryland’s statutory requirements. A valid will generally must:
- Be in writing and signed by the testator (the person making the will) or by another person at the testator’s direction and in their presence. (Md. Est. & Trusts Code § 4-101) [§ 4-101]
- Be witnessed by at least two individuals who sign in the testator’s presence and in the presence of each other. (Md. Est. & Trusts Code § 4-101(a)(2))
- Contain a self-proving affidavit, if available, to streamline probate. (Md. Est. & Trusts Code § 4-103) [§ 4-103]
If the original document lacks a self-proving affidavit, you can still admit it to probate by obtaining sworn witness affidavits about the testator’s signature and the attesting witnesses.
3. Utilizing the Register of Wills and Court Records
Maryland’s Register of Wills serves as a central repository for some estates. To search for documents:
- Contact the Register of Wills in the county where the decedent lived. Provide the decedent’s full name and date of death.
- Request a search under Md. Est. & Trusts Code § 4-402, which allows wills to be recorded for safekeeping. [§ 4-402]
- If a will is on file, obtain certified copies directly from the Register. These certified copies can be submitted to the Orphans’ Court to open probate.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Consult a qualified Maryland attorney to address your specific situation.
Helpful Hints
- Document each search location and contact person.
- Keep certified copies but file the original will with the Register of Wills or the court.
- Retain witness contact information for potential affidavits.
- Check multiple counties if the decedent moved near end of life.
- Consider timed reminders to revisit unopened boxes or files.