How to Verify Whether a Will Is an Original or a Copy in Maryland
This FAQ-style guide explains practical steps under Maryland law to help you determine whether the will you have is the original document or only a copy, and what to do next. This is educational information only and not legal advice.
Detailed Answer — Practical steps and Maryland context
In Maryland, the original will is the physical document the testator signed in the presence of the required witnesses (and, if applicable, a notary for a self-proving affidavit). An original usually contains the testator’s signature, the witness attestation clause (with witness signatures), and sometimes a separate self-proving affidavit signed before a notary public. A copy is any reproduction (paper or electronic) that does not include those original signatures and notarizations.
Follow these steps to determine whether a will you received is likely an original or only a copy:
- Look for original signatures and witness attestations.
An original will normally has the testator’s handwritten signature and the signatures of the attesting witnesses on the will itself (or on an attestation clause attached to it). If the signatures appear to be inked (not printed) and the witnesses’ names are signed on the same paper, that supports that it is an original.
- Check for a self-proving affidavit.
Many Maryland wills include a self-proving affidavit signed by the testator and the attesting witnesses before a notary public. A properly executed self-proving affidavit often allows the will to be admitted to probate without live testimony from the witnesses. A notarized affidavit attached to the will is a strong sign you have the original document.
- Examine the paper and physical characteristics.
An original often shows consistent paper type, staple or binder marks, and handwritten notations or initials in ink. Copies may show toner patterns, uniform grayscale printing, or “copied on” artifacts. Feel the document: originals often have different texture where ink has been applied. However, modern copying techniques can be convincing, so this check is only one indicator.
- Compare with known handwriting samples.
If you can obtain other documents with the testator’s signature (e.g., checks, contracts), compare signatures. If the signature on the will matches the testator’s known signing style and the ink looks original, that supports authenticity. A handwriting expert can help if the issue is contested.
- Ask where the will came from and check chain of custody.
Learn who gave you the document and how they received it. The chain of custody matters for proving authenticity later. If the will was found in a safe deposit box, with the testator’s attorney, or filed with the Register of Wills, that increases the likelihood it is the original.
- Contact the Register of Wills or the testator’s attorney.
If the testator used a local attorney for estate planning, that attorney may have the original in their file. Also, the Maryland Register of Wills for the county where the testator lived can tell you if an original will was already filed for probate or whether anyone has presented a will for probate.
- If the original cannot be located, understand Maryland’s probate approach to copies and lost wills.
Maryland probate practice allows a will to be admitted to probate even if the original cannot be produced, but that typically requires proof of the will’s due execution (often by testimony of the attesting witnesses) and proof of the contents of the will. Courts will also consider evidence about whether the missing original was destroyed, lost, or withheld. If you only have a copy, save it, document how you got it, and be prepared to support its contents with witness testimony or other evidence.
- Consider professional verification when contested.
If someone disputes authenticity, parties often use forensic document examiners (handwriting experts), obtain witness testimony, or present other corroborating evidence. Courts weigh all admissible evidence when deciding whether to admit a copy or to infer revocation.
Where to find authoritative Maryland information:
- Maryland Courts — general information about wills and probate: https://www.mdcourts.gov/legalhelp/wills
- Maryland Register of Wills (county offices and procedures): https://www.mdcourts.gov/registers
- Maryland statutes and the Estates and Trusts laws (text and legislative site): https://mgaleg.maryland.gov
Note: specific statutory provisions about wills, execution, self-proving affidavits, and proof of lost wills appear in Maryland’s Estates and Trusts statutes and related procedural rules. For precise statutory language and requirements, consult the Maryland Code (Estates & Trusts) and the Maryland Rules governing probate.
When to get an attorney involved
If a will’s originality matters (for example, when you expect to open probate, distribute assets, or if family members dispute the document), talk with an experienced probate attorney. An attorney can help you: (1) confirm whether the will appears original, (2) contact the Register of Wills or the testator’s lawyer, (3) preserve chain-of-custody and evidence, and (4) file the correct probate petitions if needed.
Helpful Hints
- Do not alter, mark, or staple additional papers to the will. Preserve the document exactly as you received it.
- Make a dated note (not on the will) of where and how you received the document and who gave it to you.
- If you suspect the will is a duplicate, request the original from the custodian (attorney, safe deposit box holder, family member) and ask whether they filed anything with the Register of Wills.
- If the will has a notarized self-proving affidavit, that strongly indicates an original—but still confirm where the original has been kept.
- If witnesses are available, ask them whether they signed the specific piece of paper you have and whether they recall the signing circumstances.
- If the original is missing, preserve any copy and collect supporting evidence (emails, drafts, witnesses) that show the testator’s intent and the will’s contents.
- If someone threatens to withhold or destroy an original, contact law enforcement and an attorney promptly to preserve evidence and protect the estate process.
- Keep communications about the will documented (emails, letters); good records help in contested situations.