# Estates and Trusts (GET)

## Title 5. Opening the Estate

### Subtitle 8. Admission of Copy of Executed Will

#### Section 5-801

(a) An interested person may file a petition for the admission of a copy of an executed will in accordance with this subtitle.

(b) Notice to interested persons of the filing of the petition is not required.

#### Section 5-802

A petition for admission of a copy of a will may be filed with the court at any time before administrative or judicial probate if:

(1) The original executed will is alleged to be lost or destroyed;

(2) A duplicate reproduction of the original executed will, evidencing a copy of the original signatures of the decedent and the witnesses, is offered for admission; and

(3) All the heirs at law and legatees named in the offered will execute a consent in the manner set forth in Sec. 5-803 of this subtitle.

#### Section 5-803

The consent required under Sec. 5-802 of this subtitle shall be in substantially the following form:

CONSENT TO PROBATE OF COPY OF EXECUTED

LAST WILL AND TESTAMENT

The undersigned ___________________________ and ____________________, being all the heirs at law of the decedent and all the legatees named in the will executed by the decedent on ___________, hereby consent to the probate of a copy of that executed will, it having been determined, after an extensive search of the decedent's personal records, that an original of the will cannot be located. By signing this Consent each of the undersigned affirms that it is his or her belief that the will executed by the decedent on ___________, is the last valid will executed by the decedent and was not revoked and that the copy of the will, as submitted with the petition for its admission, represents a true and correct copy of the will.

We affirm under the penalties of perjury that the facts set forth in this Consent are true and correct to the best of our knowledge, information, and belief.

DATE     SIGNATURE         PRINT NAME AND RELATIONSHIP

________      ______________________      ______________________________________

________      ______________________      ______________________________________

_______________________________

Attorney

________________________________

________________________________

Address

________________________________

Telephone Number

#### Section 5-804

The court may:

(1) Without a hearing, issue an order authorizing:

  (i) The petitioner to proceed with administrative probate in accordance with Subtitle 3 of this title; and

  (ii) The register to accept the copy of the will for administrative probate; or

(2) Require the filing of judicial probate in accordance with Subtitle 4 of this title.

---

Md. Code Ann., Est. & Trusts (as displayed at mgaleg.maryland.gov, October 16, 2026)