If my late mother made a Will and named me executor of her estate but never signed it, could it still be legal?

Asked on July 25, 2012 under Estate Planning, Maryland


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss.  If the Will was not executed then it is not considered a valid Will.  That would mean that your Mother is considered to have died "intestate" and the intestacy statutes in the state will govern distribution of her estate.  You can still petition to be named as the personal representative and the Will could be evdience of her wishes but it is not binding.  Good luck.  

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