The process of estate planning often involves navigating a myriad of decisions and processes, and one of the misconceptions is that filing your Will with the Register of Wills during your lifetime is a necessary step. Contrary to what some believe, there is no legal obligation to file your Will before you pass away. In Maryland, there is an option to file your Will with the Register of Wills for safekeeping, but, once again, this is not compulsory.
Typically, a Last Will and Testament outlines the distribution of your assets that must pass through probate. These assets are anything that is solely titled and does not have a named beneficiary. Assets that are not solely titled, such as assets titled in a trust, do not have to go through probate, and therefore, are not controlled by your Will. Everyone should have a Will, even if they employ other estate planning tools like Trusts.
Once your Will is executed, you may wonder if there is anything further you need to do with the document during your lifetime. There is nothing you need to do except keep it in a secure, safe place and let those who will need it after your death know where to find it. This is the point where some people think that they have to give their Will to the Register of Wills in their county. However, this is not required in Maryland.
It is important that estate planning documents can be located upon your death. The person you name as Personal Representative will be responsible for filing your Will upon your death. It is only at death that the terms in the Will take control. In Maryland, a Personal Representative must file a Will in their possession, even if no assets are going through probate. This is called a Will of no estate. If assets are going through probate, then your Last Will and Testament will determine where those assets are distributed.
In conclusion, you do not have to file your Will with the Register of Wills, but your Personal Representative will need to file your Will upon your passing. Your Personal Representative must know where to find and how to access your original estate planning documents. As you navigate the complexities of estate planning, remember that your Personal Representative will play a pivotal role in ensuring your Will is filed and administered according to your intentions.
If you need assistance in preparing your Last Will and Testament or administering a loved one’s estate, please do not hesitate to contact our office.
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