Westminster, MD asked in Estate Planning and Probate for Maryland

Q: I was appointed personal representative of an estate by consent and the will was admitted to probate.

The estate is still open. I just found a later dated will that appoints me as personal representative and sole beneficiary. If the beneficiaries under the original will consent to admitting the later dated will, do I just need to file the later dated will with the written consents? Will this start a new probate proceeding? How will this effect the current proceeding?

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1 Lawyer Answer
Richard Sternberg
Richard Sternberg
Answered
  • Estate Planning Lawyer
  • Potomac, MD
  • Licensed in Maryland

A: You plainly need to file the newer Will, because it voids the older Will unless it is a codicil. I do not think this gives you a new case number, but it plainly requires a new petition and notices. This sounds complex enough that using a lawyer may help.

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