Detailed Answer
When a loved one passes away, confirming the existence of a valid will or other estate planning documents in Maryland involves multiple steps. Start by gathering the decedent’s full legal name, date of birth, date of death and last known address.
- Search the Maryland Will Registry: Under Md. Code Ann., Est. & Trusts § 6-301, a testator may file a certificate of will with the Register of Wills. Contact the Register of Wills for the county where the decedent lived or search online at the Maryland Courts site: Register of Wills.
- Contact the County Register of Wills: Each Maryland county maintains estate files for probate. Provide the decedent’s name and date of death to confirm if a will was filed or probated. Locations and contact information are available at Maryland Courts – Register of Wills.
- Review Physical and Digital Records: Look in personal files, home safes or safe deposit boxes. Banks require a court order or letters of administration to open a box. Check email accounts or cloud storage for scanned documents or electronic wills.
- Consult Professionals: Contact the decedent’s estate planning attorney, accountant or financial advisor. They often retain original wills, trusts or powers of attorney.
- Understand Formal Validity Requirements: To be valid in Maryland, a will must be in writing, signed by the testator and witnessed by two qualified individuals present at the same time (Md. Code Ann., Est. & Trusts § 4-102).
- Prepare for Intestate Administration if No Will Exists: If no valid will surfaces, the estate proceeds under Maryland’s intestacy laws. The court distributes assets to heirs based on Md. Code Ann., Est. & Trusts § 3-101.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance tailored to your situation.
Helpful Hints
- Keep the decedent’s personal information and death certificate handy when contacting official offices.
- Check bank statements for safe deposit box rentals and locate keys or documentation.
- Ask close family members or household staff about stored legal documents.
- Search digital devices and cloud services with known passwords or credentials.
- Document all inquiries and communications with the Register of Wills or other agencies.