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§ 4-204. Disposal of will

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, § 4-204
§ 4-204. Disposal of will
Currentness
Disposal authorized
(a) An attorney who has custody of a will may dispose of the will in accordance with this section if:
(1) The attorney is licensed to practice law in the State;
(2) At least 25 years have elapsed since the date of the execution of the will;
(3) The attorney has no knowledge of and, after diligent inquiry cannot ascertain, the address of the testator; and
(4) To the best of the attorney's knowledge, the will is not subject to a contract to make or not to revoke a will or devise.
Filing of will
(b)(1) Except as provided under subsection (c) of this section, an attorney authorized to dispose of a will under this section shall file the will with the register of the county where the testator resided when the will was executed along with an affidavit certifying that the conditions of subsection (a) of this section have been met.
(2) The register shall charge and collect any fee established under § 2-206 of this article for the filing of the will and affidavit.
(3) On the filing of the will and affidavit under paragraph (1) of this subsection, the register may destroy the will but shall retain an electronic copy of the will and affidavit.
Wills not offered for probate within 10 years
(c) An attorney authorized to dispose of a will under this section may destroy the will without notice to any person or court if the will has not been offered for probate within 10 years following the death of the testator.
Revocation; evidence
(d)(1) The disposal or destruction of a will in accordance with this section may not be construed as a revocation of the will under § 4-105 of this title.
(2) The contents of a will disposed of or destroyed in accordance with this section may be proven by other types of evidence.

Credits

Added by Acts 2021, c. 513, § 1, eff. Oct. 1, 2021.
MD Code, Estates and Trusts, § 4-204, MD EST & TRST § 4-204
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.
End of Document