“Register” means the register of wills of a county. When an estate is being administered in equity, “register” means the clerk of the court.

Each register shall devote the register’s full working time to the duties of the register’s office. The register shall not practice law during the term of the register’s office.

Before assuming the duties of office, each deputy and clerk of a register shall take and subscribe the following oath: I, (name), do swear that I will not for money, profit, or malice delay any person who applies to me for any business of the office of the register, or directly or indirectly ask, take, exact, demand, or receive from or charge to that person to my own use any fee or reward for any service I may do as a deputy or clerk of the register, and that in charging the fees of the office of the register I will not willingly charge other or higher fees than the law allows.

Except as provided in subsection (d) of this section with respect to an estate being administered or about to be administered in the office of the register, a register, deputy, clerk, or any other employee may not ask for, take, or receive from a person a fee, commission, gratuity, gift, or reward for performing a service. The service referred to in subsection (a) of this section includes: Giving advice; Referring business; Performing a service other than for actual expenses of travel incurred in connection with the probate of a will; or Acting as agent, representative or in any other capacity for a surety corporation for which compensation is given directly or indirectly. Any person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 for each offense. This section does not apply to the payment of a fee authorized by § 2–206 of this subtitle.

At the time of assuming office, the register shall give bond to the State. The provisions of § 2–105(b), (d), (e), and (f) of the Courts Article shall be applicable to the bond. The bond shall be for the term of the register’s office in the form and for the penalty the Comptroller prescribes, with the advice of the Legislative Auditor. The Comptroller may require that the penalty of a bond be supplemented or increased. If the register fails to give bond before the register acts as register, the register is guilty of a misdemeanor and on conviction shall pay a fine of $1,000.

It is the intent of this section that each register shall receive a fair and adequate compensation for the effort and duties required of the register by the register’s office. The volume and character of work done by the register shall be in comparison to the salary fixed by the Board of Public Works for each of the other registers. Each register is entitled to receive an annual salary of not more than the salary of a State employee at grade 26, step 20 of the State of Maryland Standard and Bargaining Salary Scale in effect on the day before the day that the register begins a new term of office. Any change in the salary paid under the State of Maryland Standard and Bargaining Salary Scale during the term of office of a register may not apply to the incumbent register, but the changed rate shall take effect at the beginning of the next following term of office. The salary of each register shall be determined by the Board of Public Works. In determining the annual salary of the register, the Board of Public Works shall be guided in the exercise of its discretion by: The population of the county determined by the last official United States census; The dollar volume of total fees and taxes collected and excess fees turned over to the State for each of the preceding 5 years by the office of the register for which the salary is being fixed; and Other pertinent data which have relation to the reasonableness of the salary in relation to the work done and volume handled by the office. The salaries of the registers shall be paid semimonthly from the fees and receipts of the office, after deducting the expenses of the office. Expenses include salaries of deputies and clerks, books, stationery, office supplies, and other necessary and customary expenses of doing business. If the fees and receipts of the office are insufficient in any fiscal year to pay all or a part of the expenses of the office and authorized salary of a register, the deficiency shall be funded from the taxes remitted to the Comptroller by the register during that fiscal year. Written authority for the transfer of funds shall be first obtained from the Comptroller. In the event that tax collections for the fiscal year are insufficient, the Comptroller shall make up the deficit from excess fees remitted from all other registers.

In this subsection, “poverty” means: At the time of the decedent’s death, the decedent’s family household income was less than 50% of the median family income for the State as reported in the Federal Register; or The personal representative is represented by an attorney retained through the Maryland Legal Services Corporation. The registers of wills are entitled to charge and collect the fees listed in this section for the performance of their duties. Unless otherwise provided by law, a register of wills is not required to record any document filed with the register or provide to any person a copy of a document until the appropriate fee for the document has been paid. A register of wills shall waive any fees under this section for the administration of an estate if: The real property of the decedent subject to administration in the State is: To be transferred to an heir of the decedent who resides on the property; or Encumbered by a lien against the property and subject to sale under Title 14, Subtitle 8 of the Tax – Property Article; and The estate is unable to pay the fees by reason of poverty. For taking probate of wills and furnishing 2 certified copies of the will and codicils, granting letters of administration and furnishing 12 certificates of letters, issuing warrants to appraise, entering on estate docket, filing elections of surviving spouses to take intestate shares, filing renunciations and disclaimers, filing and recording wills, bonds, inventories, accounts of sale, releases, administration accounts, petitions and orders, and other papers filed in the administration of decedents’ estates not otherwise specified in subsections (c) through (l) of this section, the probate fees shall be as stated under paragraph (2) of this subsection. Probate fees shall be assessed on the value of the probate estate at the following rates: If the Value of the Probate      But Less    The Fee Estate Is      Than      Is At Least ���     ––     $50,000     $0 ���     $50,000     $100,000     $100 ���     $100,000     $500,000     $200 ���     $500,000     $1,000,000     $1,000 ���     $1,000,000     $2,500,000     $2,000 ���     $2,500,000     $5,000,000     $5,000 ���     $5,000,000     $7,500,000     $7,500 ���     $7,500,000 $10,000,000     $10,000 ���     $10,000,000         ––     $10,000 plus .02% of excess over $10,000,000 Except as provided in paragraph (4) of this subsection, for purposes of determinations under paragraph (2) of this subsection, the value of a probate estate is the amount, as reflected in the administration accounts filed in the proceedings, that equals: The sum of: The value of all inventories filed in the proceedings; All principal and income receipts; and All increases realized on a disposition, other than a distribution to beneficiaries, of any probate asset; less All decreases realized on a disposition, other than a distribution to beneficiaries, of any probate asset. If an estate proceeds through modified administration, for the purpose of determining the appropriate fee under paragraph (2) of this subsection, the value of an estate is the gross value of the probate assets reported on the final report under modified administration. A register of wills shall assess and collect the probate fee when the personal representative files the final report. Except as provided in subparagraph (ii) of this paragraph, the register shall assess and collect the probate fee when the first administration account is filed. If there are any additions to the value of a probate estate, as reflected in any subsequent administration account, the register shall: Assess an additional fee in an amount equal to the excess of: The fee as determined under paragraph (2) of this subsection based on the value of the probate estate as reflected in the currently filed administration account; over The fee as determined under paragraph (2) of this subsection based on the value of the probate estate as reflected in the most recent previously filed administration account; and Collect the additional fee when the subsequent administration account is filed. For furnishing an additional letter of administration, with seal     $1 For a certified copy of a record, if expressly required by law or a person, with seal ……………………………………………………………………………………….$1 For an exemplified copy of a record, if expressly required by law or a person, with seal     $2 For recording a claim against an estate of a deceased person, for each..$3 For recording papers in caveat or other controversial matter, for the petitioner ……………………………………………………………………………………..$20 For transcribing papers filed in caveat or other controversial proceedings when taken to higher court, per page or part of a page     $2 For recording papers filed in caveat or other controversial proceedings, when mandate of higher court is filed, per page or part of a page     $2 For copies of a paper or record, including plain certification and seal, per page or part of a page     $2 For photostatic or other artificially reproduced copies of a paper or record, per page or part of a page     50 cents For receiving a will for deposit during the lifetime of the testator     $5 For filings regarding a guardianship proceeding, for the petitioner     $20 For receiving and paying over an inheritance tax due the State, the register is allowed a commission of 25% of the inheritance tax. For all proceedings involving a foreign personal representative, a single fee of 1% of the gross value of the estate. For a copy of a recording of a hearing before an orphan’s court    $25 For the actual cost charged by the financial institution of a check returned for insufficient funds or other reason. For the actual cost of all certified mailings, registered mailings, or other method of process except first–class mail.

Every register shall return annually to the Comptroller a full and accurate account of the fees and receipts of the register’s office and of the expenses incident to the proper conduct of the register’s office. The account shall be verified and in the form and supported by the proof prescribed by the Comptroller. The excess of fees and receipts over expenses shall be delivered by the register to the Comptroller with each report. The Comptroller shall deposit the fees received under this section in the General Fund of the State.

In addition to other powers and duties provided for in this title, each register has the additional powers and duties specified in this section. The register shall appoint deputies and clerks required for the efficient operation of the register’s office. Appointments and compensation of deputies and clerks shall be approved by the Comptroller. When qualified, every deputy shall have the power and authority to act in the place of the register and every act performed by a deputy shall have the force and effect as if performed by the register. The register shall receive, file, and store safely every original paper and record left in the register’s custody, in a repository of the courthouse as the court may direct. The County Commissioners, County Council, or the Mayor and City Council of Baltimore shall provide and keep in repair the repository at its expense. The register shall keep a proper docket showing the grant of letters and a short entry of every paper filed in the court and every order of the court or the register, setting forth the nature of the order or paper. The docket shall be similar in every respect to the dockets required to be kept in the offices of the equity courts. The dockets shall be subject to supervision, examination, and control as ordered by the Comptroller. The register shall make out and issue every summons, process, or order of the court and, in every respect, act under the control and direction of the court as the clerk of a court of law acts under the direction of the court of law. The register shall issue and certify under the seal of the court a copy of any part of the proceedings in the court or in the register’s office which a person may demand. Unless otherwise provided by law or order of a court of competent jurisdiction, any person may, without charge, inspect, examine, and make memoranda or notes from an index or paper filed with the register. Each register shall attend each meeting of the court and, under the direction of the court, make full and fair entries of court proceedings. The register may also record by photographic process in strong bound books every probated will, and record by photographic process every other paper filed in the court or in the register’s office in a manner, consistent with the provisions of § 2–211 of this subtitle, as may be prescribed by the Comptroller and the State Archives to insure uniformity throughout the State. Except Saturdays, Sundays, Fridays when a legal holiday falls on a Saturday, and legal holidays, the register shall attend the register’s office daily in person or by deputy unless prevented by sickness, accident or necessity. The register shall audit every account filed with the register and examine in detail every voucher which may be submitted to substantiate payments made by a personal representative. The register shall inform the court of a default in the past of a personal representative which may come to the register’s attention. The register shall keep a seal of the court and the register.

Any will, probated, or any paper filed in the office of the register may not be delivered out of the office to any person. When a will or other paper is properly demanded for introduction in evidence, it shall be presented under the care of the register or the register’s deputy. The register may comply with subsection (a) of this section by retaining a permanent paper file of a probated will in the office and a copy of any other file associated with the estate in paper, photographic, microprocessed, magnetic, mechanical, electronic, digital, or any other medium if the copy is maintained in a manner that: Is clear and legible; Accurately reproduces the original document in its entirety, including any attachments to the document; Is capable of producing a clear and legible hard copy of the original document; and Preserves evidence of any signature contained on the document. No sooner than 180 days following the closing of an estate, the register may dispose of any file associated with the estate other than the will if a copy of the file is retained by the register in accordance with paragraph (1) of this subsection. In consultation with the Comptroller and the State Archives to ensure uniform application throughout the State, the register shall develop standards in accordance with paragraph (1) of this subsection.

Within five days after receiving the text of the first published newspaper notice as provided in § 7–103 of this article and the written notice from the personal representative of the names and addresses of the heirs and legatees as provided in § 7–104 of this article, the register shall forward to each such person a copy of the newspaper notice published according to § 7–104 of this article, in the manner prescribed in § 1–103(a) of this article, directed according to the information received from the personal representative.

The register shall maintain in the register’s office, for the purpose of recording the proceedings in connection with the administration of estates, a wills record book, an administration proceedings record book, a release record book, and a claims docket in addition to the claims against the nonresident decedents book described in § 5-503 of this article. Immediately upon the administrative or judicial probate of a will the register shall record it, with every paper incidental to probate, in the wills record book, and the register shall index it under the name of the decedent. Upon the final approval of the final administration account, all inventories, accounts, petitions, notices to creditors, and orders of court shall be recorded by the register in the administration proceedings record book, and indexed under the name of the decedent. Every release shall be promptly recorded by the register in the release record book, in the order of their filing, and shall be indexed under the name of the releasor. Every claim filed with the register under the provisions of § 8-104(c) of this article shall be entered by the register in the claims docket promptly upon receipt so that the record shall show the name of the claimant, the nature of the claim, and the amount of the claim. Every entry relating to an estate or a decedent shall be indexed under the name of the decedent.

In cooperation with the registers, the Attorney General shall: Make available to the public basic instructional materials to assist the public in the procedure and preparation of forms for probate; and Review the instructional materials on a regular basis and update them as necessary. The registers and designated employees of the registers shall: Provide the materials required under subsection (a) of this section to the public; and Assist and advise any person who requests assistance or advice in the preparation of any forms for administrative probate under this article.

A register shall make available to the public information about registering with the State donor registry.

Subject to the requirements of paragraph (2) of this subsection, two individuals may register a domestic partnership by filing a declaration of domestic partnership with the register of wills in the county in which the domestic partners are domiciled. A declaration of domestic partnership filed with the register of wills shall: Include: The full legal name of each domestic partner; The home address of each domestic partner; The date of birth of each domestic partner; and The Social Security number of each party who has a Social Security number; Be signed directly by each party, or by another individual, at the express direction of the party and in the party’s presence; Be signed in the physical presence of a notary public or before a notary public through communication technology in accordance with Title 18, Subtitle 2 of the State Government Article; and Affirm under penalty of perjury that each domestic partner is: At least 18 years old; The sole domestic partner of the other; Not married; and In a committed relationship with the other individual. The register of wills may refuse to register a domestic partnership if the declaration of domestic partnership does not meet the requirements of subsection (a)(2) of this section. The register may charge a fee of up to $25 for the filing of a declaration of domestic partnership. The register shall maintain adequate records of declarations of domestic partnership, amendments to declarations of domestic partnership, and termination statements. Except as provided in paragraphs (3) and (4) of this subsection, a declaration of domestic partnership filed with a register of wills is a public record. The register shall deny inspection of the part of a declaration of domestic partnership that contains the home address of either domestic partner. Except as provided in § 4–334 of the General Provisions Article, the Social Security number of a party may not be disclosed as part of the public record of the declaration of domestic partnership. Except as provided under paragraph (2) of this subsection, a domestic partnership may be terminated by filing a declaration of termination with the register. A declaration of termination shall: Be signed by both parties; or If the declaration of termination is not signed by both parties, include a statement that a copy of the declaration of termination has been served on the nonsigning party. A declaration of termination filed under this paragraph is effective 6 months after the date of filing. If a domestic partnership has been abandoned by one of the domestic partners, the abandoned domestic partner may file a declaration of termination not earlier than 6 months after the abandonment. A declaration of termination filed under this paragraph shall: Include a statement that the filing party has not been in contact with the nonfiling party for at least 6 months preceding the date of filing; and If the location of the nonfiling party is known, include a statement that a copy of the declaration of termination has been served on the nonfiling party. A declaration of termination filed under this paragraph is effective immediately. A registered domestic partnership terminates immediately on: Certification of marriage of either domestic partner; or The death of either domestic partner. This subsection may not be interpreted to terminate any rights or benefits otherwise enjoyed by or owed to a surviving registered domestic partner. The surviving partner of a registered domestic partnership shall qualify for the following benefits: The share of a surviving spouse or surviving registered domestic partner of an intestate decedent in accordance with § 3–102 of this article; The family allowance for a surviving spouse or surviving registered domestic partner of an intestate decedent in accordance with § 3–201 of this article; Priority of appointment as the personal representative for a surviving spouse, surviving registered domestic partner, and children of an intestate decedent in accordance with § 5–104(3) of this article; and The inheritance tax exemption under § 7–203(l)(3) of the Tax – General Article. The surviving domestic partner of a registered domestic partnership is not entitled to elect to take an elective share of the estate under § 3–403 of this article. If the laws of another jurisdiction establishing a relationship other than marriage are substantially similar to the requirements of this section, the relationship established by the other jurisdiction shall be recognized as a registered domestic partnership in the State. The register shall establish, update, and maintain a certified list of jurisdictions with laws of domestic partnership that are substantially similar to the provisions of this section. If the register has not certified that the laws of another jurisdiction are substantially similar to the requirements of this section, but the laws of that jurisdiction establish a relationship, regardless of the term or phrase used by the jurisdiction, that has the rights and responsibilities of marriage, the relationship shall be recognized by the register as a registered domestic partnership in the State and the register shall include that jurisdiction in the certified list under subparagraph (i) of this paragraph. The register shall broadly construe the term “substantially similar” to maximize the recognition of relationships from other jurisdictions as registered domestic partnerships in the State.

In this section, “electronic”, “sign”, and “will” have the meanings stated in § 4–101 of this article. A register shall accept any document, except an original will, that is filed: Electronically through a system established by the register; and In accordance with the Maryland Rules. Nothing in this subsection may be construed to prohibit the filing of a document in paper form with a register. A register may not refuse to accept any document based on the manner in which it was signed.