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HB0660 amends Maryland estates and trusts law to change how a copy of an executed will may be admitted in probate when the original will is lost or destroyed. Under current law, a petition for admission of a copy of a will is filed with the court; this bill would allow the petition to be filed with the register of wills in the county instead. It also authorizes the register to admit a copy of a will for administrative probate without first obtaining an order from the orphans’ court, while preserving the register’s ability to require judicial probate if needed.
The bill applies only to probate proceedings involving a decedent’s estate and only prospectively to decedents who die on or after the effective date. It amends Sections 5-802 and 5-804 of the Estates and Trusts Article, shifting certain procedural authority from the court to the register of wills and clarifying the process for accepting a duplicate reproduction of a will that shows the decedent’s and witnesses’ signatures. The bill does not change the substantive requirements for proving the copy, including the need for consent from all heirs at law and legatees named in the offered will.
The general sentiment reflected by the bill text is procedural and administrative rather than controversial: it appears designed to streamline probate processing and reduce the need for court involvement in straightforward cases. No committee transcript or vote record was provided, so there is no documented debate, support, or opposition in the supplied materials. The absence of recorded contention suggests the measure is likely intended as a technical probate modernization.
The main point of legal impact is that county registers of wills would gain direct authority to handle certain copy-will admissions for administrative probate, potentially making probate administration faster and less burdensome for estates where the original will cannot be produced. At the same time, the bill preserves judicial oversight when the register deems it necessary by allowing a requirement for judicial probate. This change affects heirs, legatees, personal representatives, probate practitioners, and county registers of wills.
HB0660 revises Maryland probate procedure by moving the filing and initial handling of petitions to admit a copy of an executed will from the orphans’ court to the register of wills, and by allowing the register to admit the copy for administrative probate without a prior court order. It amends the Estates and Trusts Article, specifically §§ 5-802 and 5-804, while leaving intact the underlying evidentiary and consent requirements for admitting a copy of a lost or destroyed will. The bill applies prospectively only to estates of decedents dying on or after October 1, 2025.
Based on the bill text alone, the measure appears to be a technical, process-oriented probate reform with a generally neutral-to-supportive policy posture. It is framed as a streamlining change that reduces court involvement in routine matters while preserving the ability to escalate to judicial probate when necessary. No committee discussion or voting record was provided, so there is no evidence of organized opposition or controversy in the supplied materials.
The principal policy issue is the shift of authority from the orphans’ court to the register of wills. Supporters would likely view this as an efficiency improvement, while any concern would center on whether administrative probate should proceed without a court order in cases involving a copy of a will rather than the original. Another possible point of concern is the balance between speed and oversight, since the register may admit the copy administratively but can also require judicial probate if the circumstances warrant it. No specific individuals or groups are identified in the provided discussion materials.