Md. R. Estate Settlem. 6-153

As amended through April 5, 2024

Rule 6-153 - [Effective until 7/1/2024] Admission of Copy of Executed Will

(a) Generally. An interested person, without notice to other interested persons, may file a petition for the admission of a copy of an executed will 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 all legatees named in the will have executed a consent substantially in the form set forth in section (c) of this Rule.

(b) Form of Petition. A petition for the admission of a copy of an executed will shall be substantially in the following form:

[CAPTION]

PETITION FOR ADMISSION OF COPY OF EXECUTED LAST WILL AND TESTAMENT

I, __________, the personal representative named in the will or __________ (state relationship to decedent) ask the court to admit the copy of the Last Will and Testament of __________, decedent, for administrative probate.

I have made a diligent search for the will, and I have been unable to locate it. A copy of the executed Last Will and Testament is being filed with this Petition. Consents have been filed by all heirs at law of the decedent and legatees named in the will. The original executed will is alleged to be:

[ ] Lost

[ ] Destroyed

[ ] Other

Please explain: __________.

_____________________________________________________________

I solemnly affirm under the penalties of perjury that the contents of this document are true to be best of my knowledge, information, and belief.

Petitioner/Personal Representative

____________________

Attorney

____________________

Address

____________________

Telephone Number

____________________

Facsimile Number

____________________

E-mail Address

(c) Form of Consent.

[CAPTION]

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 solemnly affirm under the penalties of perjury that the contents of this document are true to the best of our knowledge, information, and belief.

Date	Signature	Print Name and Relationship
______________________	______________________	______________________
______________________	______________________	______________________
______________________	______________________	______________________
______________________	______________________	______________________
______________________	______________________	______________________

____________________

Attorney

____________________

Address

____________________

Telephone Number

____________________

Facsimile Number

____________________

E-mail Address

Md. R. Estate Settlem. 6-153

Adopted March 9, 2010, eff. 7/1/2010. Amended Sept. 17, 2015, eff. 1/1/2016.

HISTORICAL NOTES

2015 Orders

The September 17, 2015, order, added a certain form to the petition, to conform the affirmation clause to other affirmation clauses in Title 6, added lines to the form of consent for an attorney's facsimile number and e-mail address, and made stylistic changes.