Disclaimer: This article is for educational purposes and does not constitute legal advice.
Detailed Answer
Maryland’s Will Execution Requirements
Under Maryland law, a valid will must be in writing, signed by the testator in the presence of at least two credible witnesses, and those witnesses must subscribe their names in the testator’s presence. See Estates & Trusts §4-102.
Admitting an Improperly Executed Will (Harmless Error Rule)
Even if a will lacks witnesses or notarization, Maryland’s harmless error statute allows a court to admit it if you prove by clear and convincing evidence that the decedent intended the document as their last will. See Estates & Trusts §4-108.
Steps to Probate an Unwitnessed or Unnotarized Will
- File a Petition for Probate: Submit the appropriate petition (e.g., Form SWT–1) to the Register of Wills in the county where the decedent lived.
- Serve Notice: Notify all interested persons, including heirs at law and beneficiaries, as required by Estates & Trusts §3-103.
- Gather Evidence of Testamentary Intent: Collect affidavits, witness statements, correspondence, or other documents showing the decedent intended the paper as a will.
- Attend the Hearing: Present your evidence in Orphans’ Court or the circuit court at the admitted hearing.
- Obtain Letters Testamentary or Letters of Administration: Once the court admits the will, you’ll receive official letters authorizing estate administration.
Alternative Options if Admission Fails
- Intestate Succession: If the will cannot be admitted, assets distribute according to Maryland’s intestacy laws (Estates & Trusts §3-101 et seq.).
- Small Estate Affidavit: For estates under $50,000, you may qualify to use a small estate affidavit form administered by the Register of Wills.
Helpful Hints
- Consider consulting an attorney or experienced probate paralegal familiar with Maryland procedures.
- Obtain certified copies of the decedent’s death certificate before filing.
- Identify and notify all potential heirs to reduce objections and delays.
- Gather any written or recorded statements expressing the decedent’s intent.
- Observe all filing deadlines; petitions must generally be filed within 10 days of qualification.
- Visit the Maryland Judiciary website for current Register of Wills forms and fee schedules.