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§ 2-208. Powers and duties of register

West's Annotated Code of MarylandEstates and TrustsEffective: October 1, 2019

West's Annotated Code of Maryland
Estates and Trusts (Refs & Annos)
Title 2. The Court (Refs & Annos)
Subtitle 2. Register of Wills (Refs & Annos)
Effective: October 1, 2019
MD Code, Estates and Trusts, § 2-208
§ 2-208. Powers and duties of register
Currentness
In general
(a) In addition to other powers and duties provided for in this title, each register has the additional powers and duties specified in this section.
Appointment of deputies and clerks
(b)(1) The register shall appoint deputies and clerks required for the efficient operation of the register's office.
(2) Appointments and compensation of deputies and clerks shall be approved by the Comptroller.
(3) When qualified, every deputy shall have the power and authority to act in the place of the register and every act performed by a deputy shall have the force and effect as if performed by the register.
Receipt, file, and storage of original papers and records
(c)(1) The register shall receive, file, and store safely every original paper and record left in the register's custody, in a repository of the courthouse as the court may direct.
(2) The County Commissioners, County Council, or the Mayor and City Council of Baltimore shall provide and keep in repair the repository at its expense.
Docket showing grant of letters and entries
(d)(1) The register shall keep a proper docket showing the grant of letters and a short entry of every paper filed in the court and every order of the court or the register, setting forth the nature of the order or paper.
(2) The docket shall be similar in every respect to the dockets required to be kept in the offices of the equity courts.
(3) The dockets shall be subject to supervision, examination, and control as ordered by the Comptroller.
Summons, process, and orders of the court
(e) The register shall make out and issue every summons, process, or order of the court and, in every respect, act under the control and direction of the court as the clerk of a court of law acts under the direction of the court of law.
Copy of proceedings
(f)(1) The register shall issue and certify under the seal of the court a copy of any part of the proceedings in the court or in the register's office which a person may demand.
(2) Unless otherwise provided by law or order of a court of competent jurisdiction, any person may, without charge, inspect, examine, and make memoranda or notes from an index or paper filed with the register.
Attendance at court meetings and record of court proceedings
(g)(1) Each register shall attend each meeting of the court and, under the direction of the court, make full and fair entries of court proceedings.
(2) The register may also record by photographic process in strong bound books every probated will, and record by photographic process every other paper filed in the court or in the register's office in a manner, consistent with the provisions of § 2-211 of this subtitle, as may be prescribed by the Comptroller and the State Archives to insure uniformity throughout the State.
In person attendance at office
(h) Except Saturdays, Sundays, Fridays when a legal holiday falls on a Saturday, and legal holidays, the register shall attend the register's office daily in person or by deputy unless prevented by sickness, accident or necessity.
Audits and examinations
(i) The register shall audit every account filed with the register and examine in detail every voucher which may be submitted to substantiate payments made by a personal representative.
Notification of personal representative defaults
(j) The register shall inform the court of a default in the past of a personal representative which may come to the register's attention.
Seal of court and register
(k) The register shall keep a seal of the court and the register.

Credits

Added by Acts 1974, c. 11, § 2, eff. July 1, 1974. Amended by Acts 1974, c. 445; Acts 1984, c. 286, § 5; Acts 2019, c. 197, § 1, eff. Oct. 1, 2019.
Formerly Art. 93, § 2-207.
MD Code, Estates and Trusts, § 2-208, MD EST & TRST § 2-208
Current through legislation effective through April 25, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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