Estates and Trusts - Register of Wills - Admission of Copy of Executed Will
Summary
HB 660 changes Maryland probate procedure for situations where an original executed will cannot be produced. Under current law, a petition to admit a copy of a lost or destroyed will is filed with the court; this bill would allow that petition to be filed with the register of wills instead, before either administrative or judicial probate begins, so long as the copy shows the decedent’s and witnesses’ signatures and all heirs at law and named legatees consent.
The bill also gives the register of wills authority to admit a copy of a will for administrative probate without first obtaining an order from the orphans’ court, or to require that the matter proceed through judicial probate if appropriate. In effect, the bill streamlines the initial handling of certain probate matters and shifts some gatekeeping authority from the court to the register of wills.
Impact
HB 660 amends §§ 5-802 and 5-804 of the Estates and Trusts Article to update who may receive and act on petitions involving copies of executed wills. It would affect probate administration, registers of wills, heirs, legatees, and estates where the original will is lost or destroyed. The bill is prospective only and would apply to decedents dying on or after October 1, 2025.
Sentiment
Based on the bill text and the absence of recorded committee testimony or votes in the provided materials, the bill appears to be a technical, procedural probate measure rather than a controversial policy change. Its stated purpose suggests a generally practical and administrative intent: making it easier to process uncontested cases involving missing original wills while preserving the ability to require judicial probate when needed.
Contention
No committee discussion or voting record was provided, so no specific opposition or support can be identified from the available materials. The main potential point of contention inherent in the bill is the shift of authority from the orphans’ court to the register of wills for admitting a copy of a will into administrative probate, which could raise questions about oversight, evidentiary safeguards, and whether some cases should be routed to judicial probate instead. The bill addresses that concern by preserving the register’s discretion to require judicial probate.