Home Table of Contents

§ 4-202. Deposit of will during lifetime of testator

West's Annotated Code of MarylandEstates and TrustsEffective: October 1, 2021

West's Annotated Code of Maryland
Estates and Trusts (Refs & Annos)
Title 4. Wills (Refs & Annos)
Subtitle 2. Custodianship, Deposit, and Disposal of Wills (Refs & Annos)
Effective: October 1, 2021
MD Code, Estates and Trusts, § 4-202
Formerly cited as MD EST & TRST § 4-201
§ 4-202. Deposit of will during lifetime of testator
In general
(a)(1) Subject to subsection (b) of this section, a will may be deposited for safekeeping:
(i) By the testator, or by the testator's agent, with the register of the county in which the testator resides; or
(ii) By any person having custody of the will, other than the testator or the testator's agent, with the register of the county in which the testator resides or in which the testator resided when the will was executed.
(2) The register shall give a receipt for the will, on the payment of the required fee.
Wills enclosed in sealed wrappers
(b)(1) The will shall be enclosed in a sealed wrapper, which shall have endorsed on it “Will of,” followed by:
(i) The name of the testator;
(ii) The testator's address; and
(iii) The testator's Social Security number, if available.
(2) The register shall endorse on the will:
(i) The date it was received; and
(ii) The name of the person from whom it was received.
(3) The will is not to be delivered or opened except as provided in this subtitle.
Persons authorized to receive will
(c) During the lifetime of the testator a deposited will may be delivered only to the testator, or to a person authorized by the testator in writing to receive it.
Will opened by register after death of testator
(d) After being informed of the death of the testator, the register shall:
(1) Open the will;
(2) Notify the personal representative named in the will, and any other person the register considers appropriate, that the will is on deposit with the register;
(3) Retain the will as a deposited will until it is offered for probate; and
(4) Keep a photographic copy of a will transmitted elsewhere for probate.

Credits

Added by Acts 1974, c. 11, § 2, eff. July 1, 1974. Amended by Acts 2019, c. 197, § 1, eff. Oct. 1, 2019. Renumbered and amended as Estates & Trusts § 4-202 by Acts 2021, c. 513, § 1, eff. Oct. 1, 2021.
Formerly Art. 93, § 4-201.
MD Code, Estates and Trusts, § 4-202, MD EST & TRST § 4-202
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document