Legal Question in Wills and Trusts in Maryland

I found out today my father passed on 1/11/16 I need to know the correct way to obtain his will and if need how to protest


Asked on 1/20/16, 3:44 pm

1 Answer from Attorneys

Cedulie Laumann Arden Law Firm, LLC

If the Will is filed with the Register of Wills, the personal representative can take it out of safekeeping by producing a death certificate. After an estate is opened the Will gets filed and is a matter of public record - a copy can be obtained by going to the Register of Wills where the estate has been opened and paying a small per page copying fee.

If the Will is not on file with the Register of Wills but instead is stored in a safe deposit box or other location, it is possible to get a limited court order to gain access to the storage location.

A beneficiary cannot protest a Will simply because they don't like the terms, instead, there must be a legal basis for challenging the validity of a Will. For instance, if a decedent was in a coma when a purported will was supposedly made, there might be a legal basis for challenging such a will as a fraud.

While not legal advice I hope that this answer helps explain how to get a copy of the Will.

Read more
Answered on 4/02/16, 7:36 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Maryland