Maybe you have searched everywhere you can possibly think to look for your loved one’s original Last Will and Testament. Maybe it burned in a house fire. Or someone accidently threw it away. Regardless of the circumstances, you have a loved one who passed away and the original will cannot be located. All you have is a photocopy. What can you do?
According to Maryland Rule 6-153, the personal representative named in the will can petition the probate court to admit a photocopy of the will in lieu of the original. The personal representative must certify that a diligent search was conducted for the original version, but that it is truly lost or destroyed. In order for the court to accept the photocopy, the decedent’s signature and witnesses’ signatures must be clearly visible.
All of the beneficiaries named in the will must sign a consent form agreeing to allow the probate court to admit the photocopy in place of the original. By signing the consent form, the beneficiaries all acknowledge that they believe the copy of the will is true and accurate.
The final burden to overcome is proving to the court that the decedent did not destroy the will with the intention of revoking it. If all of these items can be shown, the probate court will likely admit the photocopy and allow the estate to be administered as usual.
If a photocopy cannot be found, the probate court will order the estate to be administered according to Maryland’s laws of intestate succession. This may be more time-consuming and produce different outcomes than those intended by the decedent.
To prevent this scenario, once a valid will has been executed, make sure the original is placed in a secure location. Leave instructions for family members to locate the will when the time comes. Also make sure trusted family members have the name and contact information for your estate planning attorney. If for some reason, the original will cannot be located or was in fact destroyed, the estate planning law firm will likely have a copy and can assist in petitioning the court.
Talking to your family, especially the person you name as your personal representative, about your estate plan is advised to help reduce the chances of any unforeseen issues arising later. For more information on creating a comprehensive estate plan or administering an estate after the death of a loved one, contact the attorneys at Stouffer Legal in the Greater Baltimore area. You can schedule an appointment by calling us at (443) 470-3599, emailing us at office@stoufferlegal.com, or register for an upcoming free webinar using the link below:
https://attendee.gotowebinar.com/register/4346168670429126669
https://attendee.gotowebinar.com/register/7199478310321805069
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