Detailed Answer
When you discover an old will decades after its execution, you must verify its authenticity and seek probate promptly to honor the decedent’s intentions under Maryland law.
1. Confirm Authenticity and Proper Execution
Maryland law requires a will to be in writing, signed by the testator, and witnessed by at least two competent individuals who sign in the testator’s presence. See Est. & Trusts § 4-101. Examine the document for the testator’s signature date and witness attestations. Look for consistent handwriting or notarization marks.
2. Locate the Original Will
Probate courts in Maryland require the original will. Search personal safe deposit boxes, lawyer or bank vaults, or family safes. If you only find a copy, you must follow lost-will procedures.
3. File a Petition for Probate of a Lost or Found Will
Under Est. & Trusts § 4-108, file a petition in the Orphans’ Court of the county where the decedent resided. Include an affidavit explaining why the will was not previously presented and evidence of its validity.
4. Provide Evidence and Witness Testimony
If original witnesses are available, secure their affidavits or sworn statements confirming they witnessed the signing. If witnesses are deceased, gather secondary evidence such as letters, contemporaneous notes, or expert handwriting analysis.
5. Attend the Probate Hearing
The court will schedule a hearing. You must notify interested parties, including heirs-at-law and beneficiaries. Present your evidence, and respond to any challenges regarding authenticity, undue influence, or testator capacity.
6. Obtain Letters Testamentary and Distribute Assets
If the court admits the will to probate, it will issue letters testamentary to the appointed personal representative. The representative gathers assets, pays debts and taxes, and distributes the estate per the will’s directives.
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
- Start document searches early: check banks, attorneys, and personal files.
- Secure witness contact information as soon as possible.
- Photocopy the original will and store backups in different locations.
- Prepare a chronology explaining the will’s history and discovery.
- Notify all potential interested parties to avoid procedural delays.
- Keep detailed records of all filings, notices, and court dates.