Court Safekeeping of Original Wills in Maryland
At a glance
| Statutory safekeeping route | Voluntary lifetime register-of-wills deposit (§ 4-202(a)). |
|---|---|
| Who may deposit | Testator or agent; other custodian has additional execution-time county option (§ 4-202(a)(1)). |
| Proper court or clerk | Register of current residence county; other custodian may use execution-time residence county (§ 4-202(a)(1)). |
| Envelope and filing record | Sealed wrapper with name, address and available Social Security number; receipt-date and deliverer endorsed (§ 4-202(b)). |
| Fee and receipt | $5 for lifetime deposit; register gives receipt on payment (§§ 2-206(l), 4-202(a)(2)). |
| Custody before death | Deposited will stays unopened and undelivered except under subtitle (§ 4-202(b)(3)). |
| Retrieval before death | Testator or person authorized by testator in writing (§ 4-202(c)). |
| Notice after death | On learning of death, register notifies named personal representative and others considered appropriate (§ 4-202(d)(2)). |
| Opening and release after death | Register opens and retains until offered for probate; keeps photo copy if sent elsewhere (§ 4-202(d)). |
Requirements one by one
Who may deposit and where
Under § 4-202(a)(1), the testator or the testator's agent may use the register of wills in the county where the testator lives. A different person with custody may use that county or the county where the testator lived when the will was executed. The register gives a receipt on payment of the required fee (§ 4-202(a)(2)).
Wrapper, fee, and custody
Under § 4-202(b), the sealed wrapper bears “Will of” with the testator's name, address, and Social Security number if available. The register endorses the date received and the deliverer's name on the will. The will is neither delivered nor opened except under the statutory subtitle. The lifetime deposit fee is $5 (§ 2-206(l)).
Retrieval and action after death
During life, § 4-202(c) permits release only to the testator or someone the testator authorizes in writing. After learning of death, § 4-202(d) directs the register to open the will, notify the named personal representative and others the register considers appropriate, and hold the will until it is offered for probate. If sent elsewhere for probate, the register keeps a photographic copy.
What trips people up
The extra execution-time county option belongs to a custodian other than the testator or the testator's agent (§ 4-202(a)(1)). Opening after death does not itself mean the will has been offered for probate; the register retains it until that happens (§ 4-202(d)(3)).
Common questions
May a non-agent custodian deposit the will outside the testator's current county? Yes, if that is the county where the testator lived when executing the will (§ 4-202(a)(1)(ii)).
Does the register need a death certificate before opening the will? Section 4-202(d) triggers its duties when the register is informed of death; it does not specify a death-certificate requirement.
Statutes and sources
- Md. Code, Estates and Trusts §§ 4-202(a)–(d), 2-206(l): current official text, quoted with source URLs and access dates above.
Source links
Every statute quoted above, linked, with the date we checked it.
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