Wills as Public Documents

Wills As Public Documents

After a Maryland resident’s death, their will must be delivered to the Register of Wills. See Estates & Trusts § 4–202. This applies even if the document is not to be offered for probating. See, e.g., Page 10, Montgomery County Register of Wills Publication dated September 8, 2014.  It is not unusual for a will to be provided to the Register of Wills but to be disregarded. This may occur, for example, if the will is handwritten or fails to follow the required formalities.

The will or wills delivered to the Register of Wills become available for public review, even if they are not allowed to be probated. In other words, even if the will is found to be defective and is not controlling, the document still appears in the Register of Wills’ files.

It is very common for survivors to inquire about the process of seeing the estate planning documents of a deceased individual. While not every document will be available for inspection, the last will and testament of a decedent, if any, is available for the general public to review. In Cecil County, wills are available for review at the Circuit Courthouse located at 129 East Main Street in Elkton. Using the decedent’s name, the public can access the documents related to an estate on a computer available on the first floor of the courthouse located just outside of the Register of Wills main office.

Prior to making a trip to the courthouse, you can search for the estate online to determine if an estate has been opened and if a will was provided. If a will was provided for probate, the online database will tell you the date it was executed (signed). You can then request online, at fifty cents per page, copies of the will, or visit the courthouse in person to read the documents. Printing in person also costs fifty cents per page. Ordering documents online requires a credit card and there is a small service charge on top of the fifty cents per page charge. Viewing documents is free in person.

Once a will is in hand, it is common for people to have questions about the terminology and what can be expected. If you need assistance interpreting a will, trust, or other document, please contact me.