What options exist to secure missing estate documents from uncooperative institutions in Maryland?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

How to Secure Missing Estate Documents from Uncooperative Institutions in Maryland

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.

Detailed Answer

When handling an estate in Maryland, you may need critical documents—wills, deeds, bank statements, insurance policies—that institutions sometimes withhold. Below are steps to compel production under Maryland law.

1. Obtain Certified Copies of Filed Wills

If the decedent’s will was probated, request a certified copy from the Register of Wills in the county where probate occurred. Under Md. Code Ann., Est. & Tr. § 4-105, the Register must provide certified copies upon request. (Est. & Tr. § 4-105)

2. Petition the Orphans’ Court to Open Safe-Deposit Boxes

If a bank refuses to open a decedent’s safe-deposit box without a personal representative, file a petition in Orphans’ Court under Md. Code Ann., Est. & Tr. § 7-402. The court can appoint someone to inventory or remove documents and valuables. (Est. & Tr. § 7-402)

3. Issue a Subpoena Duces Tecum in Probate Proceedings

Under the Maryland Rules, personal representatives and executors can use subpoenas to compel third parties to produce documents in probate proceedings. See Md. Rules 2-421(b) (civil subpoenas) and 5-103(c) (Orphans’ Court subpoenas). File the subpoena with the court clerk and serve it on the uncooperative institution.

4. Petition for Judicial Compulsion or Contempt

If the institution still refuses, file a motion in Orphans’ Court for an order compelling production. If they violate the order, you may seek contempt sanctions and attorney’s fees under Md. Code Ann., Cts. & Jud. Proc. § 1-203(b).

5. Use Ancillary Discovery Tools

In complicated estates, you can take depositions or serve interrogatories under Maryland Rules 2-401 et seq. This approach gives you a formal discovery process to identify documents and hold institutions accountable.

Helpful Hints

  • Gather all account numbers, box numbers and policy numbers to streamline your requests.
  • Serve subpoenas personally or via certified mail with return receipt to prove delivery.
  • Consult the county Register of Wills website for local forms and filing fees.
  • Keep detailed logs of correspondence and refusal letters from institutions.
  • Work quickly: Maryland law may impose deadlines for filing estate petitions and motions.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.