After executing your will, it is your responsibility to keep track of the original copy. However, this is not always what happens and there are times when people misplace the original copy of their or their loved one’s will. If you are in this situation, continue reading and give our firm a call to speak with a skilled Montgomery County will drafting attorney. We are on your side.
What can happen if I cannot find the original copy of my loved one’s will?
In some instances, family members know there is an original copy of a will, but they cannot find the will. The question is whether or not the Maryland probate court will accept a photocopy of a will.
The answer is yes, potentially the probate court will accept a copy of an executed will for use to probate an estate, however, recognize that the associated problems with this outcome can be extensive. According to Maryland Rule, Rule 6-153, the personal representative named in the will can petition the court for admission of a copy of a will.
To learn more, or if you have additional questions, give our firm a call today to discuss the specifics of your case and your options
How can I petition the court for admission of a copy of a will in Maryland?
In the petition, the personal representative must attest that he or she has performed an in-depth search for the will, but cannot locate the original. And the personal representative must state that the original will is alleged to be destroyed or misplaced. If there is another reason, the person must explain it in detail for the court to look into.
Yet, if the decedent was the last known person to possess the original copy of the will, the personal representative will have the responsibility of showing that the decedent did not destroy the will with the intention of revoking the will.
A copy of the executed will must be connected to the copy of the petition. The decedent’s signature and the witnesses’ signatures must be distinctly visible on the photocopy.
If you have further questions or concerns about how this process works, it is in your best interest to reach out to our firm today. Our legal team is equipped with the knowledge and experience required to ensure that you and your futures are protected. Give us a call today to get started.
Contact our experienced Maryland firm
The attorneys at JD Katz have years of experience compassionately guiding clients in Maryland through the estate planning and administration process. Our firm also has experience with matters of elder law, business law, tax law, and litigation. For a legal team that will put your needs first, contact JD Katz today.