Detailed Answer
When someone dies in Maryland leaving a will, the personal representative or executor must present the original document to the Register of Wills in the county where probate is opened. If you cannot locate the original, Maryland law allows you to submit a certified filed copy under certain conditions.
1. Locating and Obtaining the Original Will
- Check with the decedent’s attorney. Many testators leave their original wills with their drafting lawyers.
- Search safe-deposit boxes, home safes or secure storage. You may need a court order or dual-control access to open a box.
- Contact family members or trusted advisors. The testator may have disclosed the location before death.
2. Filing the Original Will
Maryland Estates & Trusts § 3-102 requires delivery of the original will to the Register of Wills within 30 days after the grant of letters testamentary or letters of administration with the will annexed. In practice, you file the original when you file your petition to open probate.
Where to file: Locate the county Register of Wills office at mdcourts.gov/probate. Submit the following:
- Original will (unbound and unfolded).
- Certified death certificate.
- Completed probate petition and any required notices or waivers.
- Filing fee (varies by county).
Statute reference: Estates & Trusts § 3-102.
3. Submitting a Filed Copy Instead of an Original
If the original has been lost or destroyed, Maryland law permits admission of a copy under certain conditions:
- You must file a petition explaining the loss or destruction of the original.
- Provide a certified copy of the will from the county where it was first recorded or filed. You can request certified copies from the Register of Wills who holds the will, typically the county where the testator resided.
Statute on depositing wills: Estates & Trusts § 2-103. See the local Register of Wills for county-specific procedures.
4. After Submission
- The Register reviews the document, determines validity, and issues Letters.
- Once admitted, the will becomes a public record. You may then obtain additional certified copies for banks, brokerages and other institutions.
Helpful Hints
- Start your search immediately—some counties impose strict filing deadlines.
- Keep the original will flat and unbound to preserve its condition.
- Verify fees and forms on the local Register of Wills website before you go.
- Request multiple certified copies to distribute to financial institutions and title companies.
- Maintain a detailed log of all documents submitted and correspondence received.
- If the will is in a safe-deposit box, obtain court authorization or a co-owner’s consent to open it.
Disclaimer: This article provides general information about Maryland probate procedures and is not legal advice. Consult a Maryland-licensed attorney or your county Register of Wills for guidance tailored to your situation.