Detailed Answer
Basic idea: An original signed will is the primary document a probate court uses to carry out a decedent’s final wishes. If the original is lost or damaged while being mailed to a courthouse or Register of Wills, Maryland courts can still admit the will to probate, but the person seeking admission must prove what the will said and that it was validly executed. The court will weigh that proof and may require additional evidence before admitting a lost or destroyed will.
Why the original matters
Courts prefer the original because it is the best evidence that the document was properly signed and not altered. When the original cannot be produced, the law allows the court to rely on secondary evidence — copies, witness testimony, and other proof — but the burden to prove validity increases.
Key legal principles that apply in Maryland
- Maryland allows admission of a will even if the original is lost or destroyed so long as the proponent proves the will’s contents and execution to the court’s satisfaction. See general Maryland probate practice information: Maryland Courts — Wills.
- Circumstances about the will’s absence matter. If the will was last in the decedent’s possession and then cannot be found after death, courts often start from a rebuttable presumption that the decedent intentionally revoked the will (for example, by destroying it). If the decedent had delivered the original to a third party (for safekeeping or to the Register of Wills) before death, that presumption is usually weaker or may not apply.
- The probate court evaluates the offered secondary evidence (copies, witness testimony, correspondence, tracking records, affidavits, etc.) and decides whether that evidence proves the will’s contents and valid execution. The court’s rules and Maryland probate statutes and practice govern the exact procedure; you can review the Estates & Trusts provisions via the Maryland General Assembly: Maryland Code — Estates & Trusts (browse).
Typical proof the court will want
To admit a lost or damaged will, expect to provide one or more of the following:
- A complete, legible copy of the will (typed, photocopy, scanned PDF).
- Affidavits or testimony from attesting witnesses who saw the testator sign the will and can describe its contents and execution formalities.
- Affidavits from a person who either witnessed the testator prepare or deliver the will, or who previously had custody of the original.
- Evidence showing the testator mailed the original to the court or Register of Wills (tracking number, postal receipt, email, or delivery confirmation).
- Evidence that the original was lost/damaged while in transit (postal carrier claim numbers or correspondence).
Practical steps to take right away
- Contact the Register of Wills or probate clerk where the document was mailed. Ask if it arrived or if the office received a damaged mailing.
- Check mail tracking and file a loss/damage claim with the carrier (USPS, UPS, FedEx). Get claim numbers and written confirmation.
- Search for any copies (attorney files, scanned copies, email, cloud backup). Gather any copies you find.
- Locate and get signed affidavits from the will’s attesting witnesses and anyone who saw or handled the original (for example, the attorney who prepared it).
- If the decedent delivered the original to someone before death, get that person’s affidavit about when and why the delivery occurred.
- File a petition in the appropriate Register of Wills/probate court to admit the copy as a lost or destroyed will and attach supporting evidence. The court may schedule a hearing.
Possible court outcomes
- If the court finds the proponent proved the will’s contents and proper execution, it can admit the copy or secondary evidence to probate as the decedent’s will.
- If the court finds the evidence insufficient, the court may refuse to admit the copy. Absent an admitted will, the estate may be distributed according to Maryland intestacy rules.
- If interested parties dispute the proof, expect formal litigation including depositions, cross-examination of witnesses, and possible appeals.
Where to file and who to call
Contact the Register of Wills in the county where the decedent lived when they died. If you are unsure which office, the Maryland Courts website and local Register of Wills offices list county contacts and probate procedures. For statute text and more detail on Maryland probate law, use the Maryland General Assembly site: mgaleg.maryland.gov — Estates & Trusts.
Bottom line: A will lost or damaged in the mail can often still be admitted to probate in Maryland, but you must act quickly, document the loss, gather copies and witness affidavits, and present convincing proof to the court. Expect the probate court to examine why the original is missing and whether testimony and copies reliably show the testator’s intent.
Disclaimer: This is general information only and not legal advice. I am not a lawyer. If you need help with a specific estate or probate matter, contact a Maryland probate attorney or the Register of Wills for the county where the decedent lived.
Helpful Hints
- Don’t delay. Start the postal carrier claim and probate inquiries immediately.
- Preserve electronic copies and metadata (emails, timestamps) — they can strengthen your proof.
- Get affidavits from all attesting witnesses quickly while memories are fresh.
- If an attorney prepared the will, request a written statement or file copy from that attorney’s office.
- Keep a careful chain of custody record for any copies or evidence you present to the court.
- Expect family members or beneficiaries to object in some cases. Legal counsel can reduce mistakes and help present evidence properly.
- If you are the postal carrier or a courthouse employee involved, preserve all records and communications about the mailing and delivery.
For practical instructions and local office contact info, see: Maryland Courts — Wills and browse Maryland’s Estates & Trusts statutes at mgaleg.maryland.gov.