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Terms Used In Maryland Code, ESTATES AND TRUSTS 4-203

  • County: means a county of the State or Baltimore City. See
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Testator: A male person who leaves a will at death.
(a) A person having custody of the testator‘s will shall deliver the will to:

(1) The testator, on demand of the testator;

(2) A court appointed guardian of the testator’s property, on demand of the guardian; or

(3) An attorney in fact acting under a durable power of attorney signed by the testator expressly authorizing the attorney in fact to demand custody of the will, on demand of the attorney in fact.

(b) (1) After the death of a testator, a person having custody of the testator’s will shall deliver the will to the register for the county in which administration should be had pursuant to § 5-103 of this article.

(2) The custodian may inform an interested person of the contents of the will.

(c) A custodian who willfully fails or refuses to deliver a will as required under this section is liable to a person aggrieved for the damages sustained by reason of the failure or refusal.