Title 4. Wills — Subtitle 2. Custodianship, Deposit, and Disposal of Wills
Statutes in effect as of October 1, 2026.
Md. Code Ann., Est. & Trusts § 4-201 (2026)
Title 4. Wills
Subtitle 2. Custodianship, Deposit, and Disposal of Wills
§ 4–201LinkCopy Citation
Except as otherwise provided in this subtitle, a person having custody of a will who is not the testator of the will has a duty to maintain custody of the will and unless authorized by the testator may not:
(1)
Destroy or dispose of the will;
(2)
Disclose the contents of the will to any other person; or
(3)
Deliver the will to any person other than the testator.
Md. Code Ann., Est. & Trusts § 4-202 (2026)
Title 4. Wills
Subtitle 2. Custodianship, Deposit, and Disposal of Wills
§ 4–202LinkCopy Citation
(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.
Md. Code Ann., Est. & Trusts § 4-203 (2026)
Title 4. Wills
Subtitle 2. Custodianship, Deposit, and Disposal of Wills
§ 4–203LinkCopy Citation
(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.
Md. Code Ann., Est. & Trusts § 4-204 (2026)
Title 4. Wills
Subtitle 2. Custodianship, Deposit, and Disposal of Wills
§ 4–204LinkCopy Citation
(a)
An attorney who has custody of a will may dispose of the will in accordance with this section if:
(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.
Md. Code Ann., Est. & Trusts § 4-205 (2026)
Title 4. Wills
Subtitle 2. Custodianship, Deposit, and Disposal of Wills
§ 4–205LinkCopy Citation
(a)
A person who violates any provision of this subtitle shall be liable to a person aggrieved for the damages sustained as a result of the violation.
(b)
An attorney or register who disposes of a will in accordance with this subtitle is not liable to the testator or any other person for any damages sustained by the testator or other person as a result of the disposal.
Md. Code Ann., Est. & Trusts § 4-206 (2026)
Title 4. Wills
Subtitle 2. Custodianship, Deposit, and Disposal of Wills
§ 4–206LinkCopy Citation
The robbery or larceny of a will shall be punished in the same manner as the robbery or larceny of goods and chattels.