Maryland § 4-204
Full text of Maryland Maryland Code § 4-204, with citation guidance and answers to common questions.
§ 4-204.
(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.
Frequently Asked Questions About Maryland § 4-204
What does Maryland Code § 4-204 cover?
Section 4-204 is part of the Maryland Code, the codified statutory law of Maryland. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Maryland § 4-204?
A common citation format is "Maryland Code § 4-204" (Maryland). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Maryland law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Maryland official source linked on this page or consult a licensed Maryland attorney.
How does Maryland § 4-204 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Maryland can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Maryland.