Legal Question in Wills and Trusts in Maryland

A family member recently died with a will. An attorney is in possession of the will. How long does the attorney have to file the will with the Registers of Wills? Please specify timeframe for the state of Maryland.


Asked on 3/23/14, 3:54 pm

1 Answer from Attorneys

Cedulie Laumann Arden Law Firm, LLC

An attorney can file a Will for safekeeping with the Register of Wills long before someone dies (and in fact this is usually preferred).

If you are asking about opening up the estate (and filing the will with the petition), Maryland law requires that this be done in a prompt manner but there is no set time frame in terms of # of days. Note that it is the Personal Representative who will need to open the estate, not the attorney who represented the decedent. The Personal Representative may use the same attorney or a different one to assist with the estate but it remains the PR's responsibility to collect the will and open the estate.

You are encouraged to seek legal counsel if you are the PR or if you have further questions. While this post offers general legal information it does not take the place of getting independent legal advice.

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Answered on 3/24/14, 6:25 am


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