Maryland 2025 Regular Session

Maryland House Bill HB660 Compare Versions

Only one version of the bill is available at this time.
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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *hb0660*
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77 HOUSE BILL 660
88 N2 5lr1737
99 HB 485/16 – HGO
1010 By: Delegates Terrasa, Guyton, Kaufman, Lehman, J. Long, Ruth, and Schindler
1111 Introduced and read first time: January 24, 2025
1212 Assigned to: Judiciary
1313
1414 A BILL ENTITLED
1515
1616 AN ACT concerning 1
1717
1818 Estates and Trusts – Register of Wills – Admission of Copy of Executed Will 2
1919
2020 FOR the purpose of authorizing an interested person to file with the register of wills in a 3
2121 county, rather than the orphans’ court, a petition for admission of a copy of an 4
2222 executed will in a probate proceeding; authorizing a register to accept a copy of an 5
2323 executed will for administrative probate without an order from the orphans’ court; 6
2424 authorizing a register to require the filing of judicial probate; and generally relating 7
2525 to the admission of a copy of an executed will in a probate proceeding. 8
2626
2727 BY repealing and reenacting, with amendments, 9
2828 Article – Estates and Trusts 10
2929 Section 5–802 and 5–804 11
3030 Annotated Code of Maryland 12
3131 (2022 Replacement Volume and 2024 Supplement) 13
3232
3333 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
3434 That the Laws of Maryland read as follows: 15
3535
3636 Article – Estates and Trusts 16
3737
3838 5–802. 17
3939
4040 A petition for admission of a copy of a will may be filed with the [court] REGISTER 18
4141 at any time before administrative or judicial probate if: 19
4242
4343 (1) The original executed will is alleged to be lost or destroyed; 20
4444
4545 (2) A duplicate reproduction of the original executed will, evidencing a copy 21
4646 of the original signatures of the decedent and the witnesses, is offered for admission; and 22
4747 2 HOUSE BILL 660
4848
4949
5050 (3) All the heirs at law and legatees named in the offered will execute a 1
5151 consent in the manner set forth in § 5–803 of this subtitle. 2
5252
5353 5–804. 3
5454
5555 The [court] REGISTER may: 4
5656
5757 (1) [Without a hearing, issue an order authorizing: 5
5858
5959 (i) The petitioner to proceed with administrative probate in 6
6060 accordance with Subtitle 3 of this title; and 7
6161
6262 (ii) The register to accept the] ADMIT A copy of [the] A will for 8
6363 administrative probate; or 9
6464
6565 (2) Require the filing of judicial probate in accordance with Subtitle 4 of 10
6666 this title. 11
6767
6868 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 12
6969 apply only prospectively and may not be applied or interpreted to have any effect on or 13
7070 application to the estate of any decedent who died before the effective date of this Act. 14
7171
7272 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
7373 October 1, 2025. 16
7474