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Bill > HB660


MD HB660

MD HB660
Estates and Trusts - Register of Wills - Admission of Copy of Executed Will


summary

Introduced
01/24/2025
In Committee
01/24/2025
Crossed Over
Passed
Dead
04/08/2025

Introduced Session

2025 Regular Session

Bill Summary

Authorizing an interested person to file with the register of wills in a county, rather than the orphans' court, a petition for admission of a copy of an executed will in a probate proceeding; authorizing a register to accept a copy of an executed will for administrative probate without an order from the court; authorizing a register to require the filing of judicial probate; and applying the Act prospectively.

AI Summary

This bill modifies Maryland's probate procedures by changing how copies of lost or destroyed wills can be admitted for probate. Currently, petitions for will admission must be filed with the court, but the bill allows petitioners to file such petitions with the Register of Wills instead. The bill permits the Register to directly admit a copy of a will for administrative probate without requiring a court hearing, provided three conditions are met: the original will is alleged to be lost or destroyed, a duplicate reproduction with original signatures exists, and all heirs and legatees named in the will provide written consent. The Register also retains the option to require judicial probate if deemed necessary. The bill applies only to estates of decedents who die on or after the effective date (October 1, 2025), ensuring it does not retroactively impact existing probate proceedings. This change aims to simplify and streamline the process of probating lost or destroyed wills by allowing more administrative flexibility.

Committee Categories

Justice

Sponsors (7)

Last Action

House Judiciary Hearing (13:00:00 2/12/2025 ) (on 02/12/2025)

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