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I have a question about wills in the state of Maryland. My…

Customer Question
Hello my name is*****...

Hello my name is***** and I have a question about wills in the state of Maryland.
My dad passed away 09/22/2017 and he left a will. I have an older sister who held power of attorney while dad was in assisted living but not sure if she would be the executor of the will. Dad was a very well prepared man and had drawn up his will way before he actually passed away. My sister and I are the only surviving children.
My question is about the execution of the will.
Who is responsible for the execution of the will?
Google says: “Often, the executor of the estate will file the will, because the executor will work closely with the probate court throughout the process and is also responsible for executing the will's instructions. Most states also have laws that require someone with a deceased person's will to file it with the court.”
I assume the executor, files the will with the probate court but does the probate court execute the will?
I am also not sure how to obtain a copy of my dad’s will and I assume the named executor of the will would be mentioned.
Regards
Jeffrey P. Hebert***@******.***

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

Maryland

Lawyer's Assistant: What documents or supporting evidence do you have?

Death certificate I suppose..

Submitted: 4 months ago.Category: Estate Law
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Answered in 12 minutes by:
12/1/2017
Estate Lawyer: LegalGems, Attorney replied 4 months ago
LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 12,570
Experience: Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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I am sorry to hear of your family's loss. Can you tell me if the estate is real property or personal property?
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Customer reply replied 4 months ago
I believe it is personal property..
Estate Lawyer: LegalGems, Attorney replied 4 months ago

If the value of the estate is less than $50,000, then there is a simplified procedure and this will walk you through it. For larger estates a full probate is required;

basically the person who is the executor -that is named in the will as such-has the choice to serve; they are not required to serve, but if they petition the court for "letters testamentary" (basically naming them the executor and giving them the legal authority to distribute the estate) the court will typically honor the decedent's wishes and appoint them as executor.

The probate court oversees the execution of the will, but the executor is the person who is responsible for handling everything.

This explains the process:

here, beginning page 6

So the court does not really "do" anything other than authorize the executor to act, and issue any necessary orders; they will also respond to any petitions and make a ruling if there is, for example a will contest (challenge) or an allegation of a breach of fiduciary duty (the executor has a fiduciary duty to the estate so if the executor for example, self deals, they can be removed).

The executor will typically hire an attorney to assist with the process as the executor is personally liable for any negligence; the estate will typically pay for the attorney.

Required probate forms are here:

http://registers.maryland.gov/main/forms.html

So as you can see it is a complicated process involving numerous court filings, hence the reason most will hire an attorney; that guide should help familiarize you with the procedure.

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Customer reply replied 4 months ago
Can I obtain a copy of the will?
Estate Lawyer: LegalGems, Attorney replied 4 months ago

Yes, if it has been filed with the court that is public record; otherwise the heirs may request a copy from the executor. The reason for this is that a copy is necessary to ensure that the executor is distributing property per the will.

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Estate Lawyer: LegalGems, Attorney replied 4 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

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