Maryland Code, ESTATES AND TRUSTS 4-204
Terms Used In Maryland Code, ESTATES AND TRUSTS 4-204
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Contract: A legal written agreement that becomes binding when signed.
- County: means a county of the State or Baltimore City. See
- Devise: To gift property by will.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- Probate: Proving a will
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See - Testator: A male person who leaves a will at death.
(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.
(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.
(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.
(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.