Hello Psuzannes ~
I trust this will address your questions, with your clarification:
You say the "will has been filed". If by this you mean the Will has
been admitted to probate, Maryland Code requires a Will must be filed
in the county in which the decedent lived.
"§ 5-103. Venue.
(a) Proper county.- The venue for administrative or judicial probate
is in the county in which the decedent had his domicile at the time of
his death, or, if the decedent was not domiciled in Maryland, the
county in which the petitioner believes the largest part in value of
the property of the decedent in Maryland was located at the time of
his death."
- http://198.187.128.12/maryland/lpext.dll?f=templates&fn=fs-main.htm&2.0
Obtaining a Copy of the Will
============================
Once a Will is admitted to probate, it becomes a part of public
records. As such, yes, you or anyone can get a copy of the will from
the Clerk of the Court in the county in which it is filed. If you live
there, it is often more expedient to go to the Clerk's office and have
them make a copy for you while you wait. You may also wish to obtain a
copy of the Petition to Admit the Will to probate, which is the
application, usually by the Personal Representative (or executor of
the estate) to admit the Will to probate.
If it is not convenient, you can write or call the Clerk's office and
request a copy. There is usually some charge involved for copying the
documents.
Contesting the Will:
===================
If you feel the Will admitted to probate is not the Last Will of the
Decedent, and you can produce a subsequent Will, Maryland law allows
you to file a Petition for Caveat.
Maryland Code § 5-207. Caveat proceeding.
"(a) Filing petition to caveat.- Regardless of whether a petition for
probate has been filed, a verified petition to caveat a will may be
filed at any time prior to the expiration of six months following the
first appointment of a personal representative under a will, even if
there be a subsequent judicial probate or appointment of a personal
representative. If a different will is offered subsequently for
probate, a petition to caveat the later offered will may be filed at a
time within the later to occur of:
(1) Three months after the later probate; or
(2) Six months after the first appointment of a personal
representative of a probated will.
(b) Effect of petition.- If the petition to caveat is filed before
the filing of a petition for probate, or after administrative probate,
it has the effect of a request for judicial probate. If filed after
judicial probate the matter shall be reopened and a new proceeding
held as if only administrative probate had previously been determined.
In either case the provisions of Subtitle 4 of this title apply."
- http://198.187.128.12/maryland/lpext.dll?f=templates&fn=fs-main.htm&2.0
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I hope matters get straightened out.
Regards,
Serenata |