EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0660*
HOUSE BILL 660
N2 5lr1737
HB 485/16 – HGO
By: Delegates Terrasa, Guyton, Kaufman, Lehman, J. Long, Ruth, and Schindler
Introduced and read first time: January 24, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Estates and Trusts – Register of Wills – Admission of Copy of Executed Will 2
FOR the purpose of authorizing an interested person to file with the register of wills in a 3
county, rather than the orphans’ court, a petition for admission of a copy of an 4
executed will in a probate proceeding; authorizing a register to accept a copy of an 5
executed will for administrative probate without an order from the orphans’ court; 6
authorizing a register to require the filing of judicial probate; and generally relating 7
to the admission of a copy of an executed will in a probate proceeding. 8
BY repealing and reenacting, with amendments, 9
Article – Estates and Trusts 10
Section 5–802 and 5–804 11
Annotated Code of Maryland 12
(2022 Replacement Volume and 2024 Supplement) 13
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That the Laws of Maryland read as follows: 15
Article – Estates and Trusts 16
5–802. 17
A petition for admission of a copy of a will may be filed with the [court] REGISTER 18
at any time before administrative or judicial probate if: 19
(1) The original executed will is alleged to be lost or destroyed; 20
(2) A duplicate reproduction of the original executed will, evidencing a copy 21
of the original signatures of the decedent and the witnesses, is offered for admission; and 22
2 HOUSE BILL 660
(3) All the heirs at law and legatees named in the offered will execute a 1
consent in the manner set forth in § 5–803 of this subtitle. 2
5–804. 3
The [court] REGISTER may: 4
(1) [Without a hearing, issue an order authorizing: 5
(i) The petitioner to proceed with administrative probate in 6
accordance with Subtitle 3 of this title; and 7
(ii) The register to accept the] ADMIT A copy of [the] A will for 8
administrative probate; or 9
(2) Require the filing of judicial probate in accordance with Subtitle 4 of 10
this title. 11
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 12
apply only prospectively and may not be applied or interpreted to have any effect on or 13
application to the estate of any decedent who died before the effective date of this Act. 14
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
October 1, 2025. 16