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Current as of December 31, 2021 | Updated by FindLaw Staff
(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.
(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.
(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.
(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.
Cite this article: FindLaw.com - Maryland Code, Estates and Trusts § 4-202 - last updated December 31, 2021 | https://codes.findlaw.com/md/estates-and-trusts/md-code-est-and-trst-sect-4-202/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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