reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Estates and Trusts › Title 4 - Wills › Subtitle 2 - Custodianship, Deposit, and Disposal of Wills › Section 4-202 - Deposit of Will in Lifetime of Testator

(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.
2023 Maryland Statutes › Estates and Trusts › Title 4 - Wills › Subtitle 2 - Custodianship, Deposit, and Disposal of Wills › Section 4-203 - Duty of Custodian of Will Upon Death of Testator

(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.
2023 Maryland Statutes › Estates and Trusts › Title 4 - Wills › Subtitle 2 - Custodianship, Deposit, and Disposal of Wills › Section 4-204 - Disposal of Will by Attorney -- Filing of Will and Affidavit With Register of County -- Destruction of Will by Attorney -- Disposal Not Construed as Revocation

(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.
2023 Maryland Statutes › Estates and Trusts › Title 4 - Wills › Subtitle 2 - Custodianship, Deposit, and Disposal of Wills › Section 4-205 - Damages for Violations -- Attorney or Register Not Liable for Disposal

(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.
2023 Maryland Statutes › Estates and Trusts › Title 4 - Wills › Subtitle 4 - Rules Relating to Legacies › Section 4-401 - Legatee Failing to Survive Testator by 30 Days

A legatee, other than the testator’s spouse, who fails to survive the testator by 30 full days is considered to have predeceased the testator, unless the will of the testator:
(1)    Expressly creates a presumption that the legatee is considered to survive the testator; or
(2)    Requires that the legatee survives the testator for a stated period in order to take under the will and the legatee survives for the stated period.
2023 Maryland Statutes › Estates and Trusts › Title 4 - Wills › Subtitle 4 - Rules Relating to Legacies › Section 4-403 - Lapse

(a)    Unless a contrary intent is expressly indicated in the will, a legacy may not lapse or fail because of the death of a legatee after the execution of the will but prior to the death of the testator if the legatee is:
(1)    Actually and specifically named as legatee;
(2)    Described or in any manner referred to, designated, or identified as legatee in the will; or
(3)    A member of a class in whose favor a legacy is made.
(b)    A legacy described in subsection (a) of this section shall have the same effect and operation in law to direct the distribution of the property directly from the estate of the person who owned the property to those persons who would have taken the property if the legatee had died, testate or intestate, owning the property.
(c)    Creditors of the deceased legatee shall have no interest in the property, whether the claim is based on contract, tort, tax obligations, or any other item.
2023 Maryland Statutes › Estates and Trusts › Title 4 - Wills › Subtitle 4 - Rules Relating to Legacies › Section 4-404 - Void or Inoperative Legacies

(a)    Unless a contrary intent is expressly indicated in the will, property failing to pass under a void or inoperative legacy, and which is not provided for in § 4–403 of this subtitle, shall be distributed as part of the estate of the testator to those persons, including legatees, who would have taken the property if the void or inoperative legacy had not existed.
(b)    Where a legacy to one of two or more residuary legatees is void or inoperative, the other residuary legacies shall be augmented proportionately by the property which is the subject of the legacy.
2023 Maryland Statutes › Estates and Trusts › Title 4 - Wills › Subtitle 4 - Rules Relating to Legacies › Section 4-405 - Change in Securities

Unless a contrary intent is expressly indicated in the will, a specific legacy includes additional or substituted securities if:
(1)    Securities are the subject of a specific legacy;
(2)    After the execution of the will other securities of the same or another entity are distributed to the testator because of the testator’s ownership of the original securities, whether as a result of a partial liquidation, stock dividend, stock split, merger, consolidation, reorganization, recapitalization, redemption, exchange, or other transaction; and
(3)    The securities are part of the estate of the testator at the time of the testator’s death.
2023 Maryland Statutes › Estates and Trusts › Title 4 - Wills › Subtitle 4 - Rules Relating to Legacies › Section 4-406 - Exoneration

(a)    Unless a contrary intent is expressly indicated in the will, a legacy of specific property shall pass subject to a security interest, lien, or renewal, extension, or refinancing of a security interest or lien on the property that existed at the time of execution of the will.
(b)    If a security interest or lien is created or attaches initially after the execution of the will, the legatee is entitled to exoneration.
2023 Maryland Statutes › Estates and Trusts › Title 4 - Wills › Subtitle 4 - Rules Relating to Legacies › Section 4-407 - Exercise of Power of Appointment

Subject to the terms of the instrument creating the power, a residuary clause in a will exercises a power of appointment held by the testator only if:
(1)    An intent to exercise the power is expressly indicated in the will; or
(2)    The instrument creating the power of appointment fails to provide for disposition of the subject matter of the power upon its nonexercise.
2023 Maryland Statutes › Estates and Trusts › Title 4 - Wills › Subtitle 4 - Rules Relating to Legacies › Section 4-409 - Legacy for Charitable Use

A legacy for charitable use may not be void because of an uncertainty with respect to the donees:
(1)    If the will making the legacy also contains directions for the formation of a corporation to take the legacy; and
(2)    (i)    If the legacy is immediate and not subject to a life estate, a corporation is formed in accordance with the directions, capable and willing to receive and administer the legacy, within 12 months from the probate of the will; or
(ii)    If the legacy is subject to a life estate, a corporation shall be formed at a time between probate of the will and the end of 12 months following the expiration of a life estate or life estates.
2023 Maryland Statutes › Estates and Trusts › Title 4 - Wills › Subtitle 4 - Rules Relating to Legacies › Section 4-410 - "Die Without Issue" and Similar Phrases

Unless a contrary intent is expressly indicated in the will, in a legacy the following words mean a lack or a failure of issue in the lifetime, or at the time of the death of the person, and not an indefinite failure of the person’s issue:
(1)    “Die without issue”;
(2)    “Die without leaving issue”; or
(3)    Other words which may imply either a lack or a failure of issue of a person in the person’s lifetime, or at the time of the person’s death, or an indefinite failure of the person’s issue.
2023 Maryland Statutes › Estates and Trusts › Title 4 - Wills › Subtitle 4 - Rules Relating to Legacies › Section 4-411 - Legacy to Inter Vivos Trust

(a)    A legacy may be made in form or in substance to the trustee in accordance with the terms of a written inter vivos trust, including an unfunded life insurance trust although the settlor has reserved all rights of ownership in the insurance contracts, if the trust instrument has been executed and is in existence prior to or contemporaneously with the execution of the will and is identified in the will, without regard to the size or character of the corpus of the trust or whether the settlor is the testator or a third person.
(b)    The legacy is valid even if the trust is subject to amendment or modification or may be terminated or revoked after the will is executed whether by the settlor or any other person, or if the trust instrument or an amendment to it was not executed in the manner required by the estates of decedents law for wills.
(c)    Unless the will provides otherwise:
(1)    The legacy is valid even if the trust was amended or modified after the will was executed, and the legacy shall be given effect in accordance with the terms of the trust as they appear in writing on the date of death of the testator, including any amendment or modification;
(2)    Property passing under the legacy passes directly from the personal representative to the trustee of the inter vivos trust, becomes a part of the assets of the trust, and is not considered held under a separate testamentary trust;
(3)    An entire revocation of the trust prior to the death of the testator makes the legacy inoperative within the meaning of § 4–404 of this subtitle, even though the revocation was not effected in the manner provided by this article for the revocation of wills; and
(4)    Subject to paragraph (3) of this subsection, a termination of the trust in accordance with its terms, or by its exhaustion, or by operation of law, or for another reason does not invalidate the legacy.
2023 Maryland Statutes › Estates and Trusts › Title 4 - Wills › Subtitle 4 - Rules Relating to Legacies › Section 4-412 - Legacy to Testamentary Trust

(a)    (1)    A legacy may be made in form or substance to the trustee under the terms of a testamentary trust established under another will.
(2)    The legacy is valid even if the testamentary trust or the will establishing the trust was not in existence when the will containing the legacy was executed, if:
(i)    The will establishing the testamentary trust was executed, or was last modified with respect to the terms of the trust, prior to the death of the testator of the will containing the legacy;
(ii)    The will establishing the testamentary trust is offered for probate prior to, or within 9 months after the death of the testator of the will containing the legacy; and
(iii)    The will establishing the testamentary trust is admitted to probate.
(b)    Unless the will otherwise provides:
(1)    Property passing under the legacy passes from the personal representative directly to the trustee of the testamentary trust, becomes a part of the assets of the trust, and is not considered as held under a separate testamentary trust; and
(2)    A termination of the trust in accordance with its terms, by its exhaustion, by operation of law, or otherwise, does not invalidate the legacy.
2023 Maryland Statutes › Estates and Trusts › Title 4 - Wills › Subtitle 4 - Rules Relating to Legacies › Section 4-414 - Adoptees

(a)    In this section, “will” includes another written instrument of similar import.
(b)    (1)    Unless a will executed on or after June 1, 1947, clearly indicates otherwise, “child”, “descendant”, “heir”, “issue”, or any equivalent term in the will includes an adoptee whether the will was executed before or after a court entered an order for adoption.
(2)    Unless a will executed on or before May 31, 1947, clearly indicates otherwise, “child”, “descendant”, “heir”, “issue”, or any equivalent term in the will includes an adoptee if, on or after January 1, 1945, a court entered an interlocutory order for adoption or, if none, a final order for adoption.
2023 Maryland Statutes › Estates and Trusts › Title 4 - Wills › Subtitle 5 - Maryland Revised Uniform Anatomical Gift Act › Section 4-504 - Amendment or Revocation

(a)    Subject to § 4–506 of this subtitle, a donor or any other person authorized to make an anatomical gift under § 4–503 of this subtitle may amend or revoke an anatomical gift by:
(1)    A record signed by:
(i)    The donor;
(ii)    The other person; or
(iii)    Subject to subsection (b) of this section, if the donor or other person is physically unable to sign, another individual acting at the direction of the donor or the other person; or
(2)    A later–executed document of gift that expressly or by inconsistency amends or revokes the previous anatomical gift or portion of the anatomical gift.
(b)    A record signed in accordance with subsection (a)(1)(iii) of this section shall:
(1)    Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and
(2)    State that the record has been signed and witnessed as provided in item (1) of this subsection.
(c)    Subject to § 4–506 of this subtitle, a donor or any other person authorized to make an anatomical gift under § 4–503 of this subtitle may revoke the anatomical gift by the destruction or cancellation of the document of gift, or the portion of the document of gift used to make the gift, with the intent to revoke the gift.
(d)    During a terminal illness of a donor, or while a donor is injured, the donor may amend or revoke an anatomical gift that was not made by will by any form of communication addressed to at least two adults, at least one of whom is a disinterested witness.
(e)    A donor who makes an anatomical gift by will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in subsection (a) of this section.
(f)    (1)    An anatomical gift made by a donor designation on a driver’s license or an identification card may be revoked by giving written notice to the Motor Vehicle Administration in accordance with § 12–303 of the Transportation Article.
(2)    A donor may make a gift by authorizing that a statement or symbol indicating that the donor has made a gift be included on a donor registry.
2023 Maryland Statutes › Estates and Trusts › Title 4 - Wills › Subtitle 5 - Maryland Revised Uniform Anatomical Gift Act › Section 4-505 - Refusal to Make Gift

(a)    An individual may refuse to make an anatomical gift of the individual’s body or part by:
(1)    A record signed by:
(i)    The individual; or
(ii)    Subject to subsection (b) of this section, if the individual is physically unable to sign, another individual acting at the direction of the individual;
(2)    The individual’s will, whether or not the will is admitted to probate or invalidated after the individual’s death; or
(3)    During a terminal illness of the individual or while the individual is injured, any form of communication addressed to at least two adults, at least one of whom is a disinterested witness.
(b)    A record signed in accordance with subsection (a)(1)(ii) of this section shall:
(1)    Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the individual; and
(2)    State that the record has been signed and witnessed as provided in item (1) of this subsection.
(c)    An individual who has made a refusal may amend or revoke the refusal:
(1)    In a manner for making a refusal provided in subsection (a) of this section;
(2)    By subsequently making an anatomical gift in accordance with § 4–503 of this subtitle that is inconsistent with the refusal; or
(3)    By destroying or canceling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal.
(d)    Except as otherwise provided in § 4–506(h) of this subtitle, in the absence of an express, contrary indication by the individual set forth in the refusal, an individual’s unrevoked refusal to make an anatomical gift of the individual’s body or part bars all other persons from making an anatomical gift of the individual’s body or part.
2023 Maryland Statutes › Estates and Trusts › Title 4 - Wills › Subtitle 5 - Maryland Revised Uniform Anatomical Gift Act › Section 4-506 - Powers of Persons Other Than Donor -- Gift or Refusal by Donor

(a)    Except as otherwise provided in subsection (g) of this section and subject to subsection (f) of this section, in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical gift of a donor’s body or part if the donor made:
(1)    An anatomical gift of the donor’s body or part under § 4–503 of this subtitle; or
(2)    An amendment to an anatomical gift of the donor’s body or part under § 4–504 of this subtitle.
(b)    A donor’s revocation of an anatomical gift of the donor’s body or part under § 4–504 of this subtitle is not a refusal and does not bar another person specified in § 4–501 or § 4–507 of this subtitle from making an anatomical gift of the donor’s body or part under § 4–503 or § 4–508 of this subtitle.
(c)    If a person other than a donor makes an unrevoked anatomical gift of the donor’s body or part under § 4–503 of this subtitle, or an amendment to an anatomical gift of the donor’s body or part under § 4–504 of this subtitle, another person may not make, amend, or revoke the gift of the donor’s body or part under § 4–508 of this subtitle.
(d)    A revocation of an anatomical gift of a donor’s body or part under § 4–504 of this subtitle by a person other than the donor does not bar another person from making an anatomical gift of the body or part under § 4–503 or § 4–508 of this subtitle.
(e)    In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under § 4–503 of this subtitle, an anatomical gift of a part is not a refusal to give another part or a limitation on the making of an anatomical gift of another part at a later time by the donor or another person.
(f)    In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under § 4–503 of this subtitle, an anatomical gift of a part for one or more of the purposes set forth in § 4–503 of this subtitle is not a limitation on the making of an anatomical gift of the part for any other purpose by the donor or other person under § 4–503 or § 4–508 of this subtitle.
(g)    If a donor who is an unemancipated minor dies, a reasonably available parent or guardian of the donor may revoke or amend an anatomical gift of the donor’s body or part.
(h)    If an unemancipated minor who signed a refusal dies, a reasonably available parent or guardian of the minor may revoke the minor’s refusal.
2023 Maryland Statutes › Estates and Trusts › Title 4 - Wills › Subtitle 5 - Maryland Revised Uniform Anatomical Gift Act › Section 4-507 - Persons Other Than Donor -- Power to Make Gift

(a)    Subject to subsections (b) and (c) of this section and except as prohibited under §§ 4–505 and 4–506 of this subtitle, in accordance with the order of priority listed, a member of one of the following classes of individuals who is reasonably available may make an anatomical gift of a decedent’s body or part for the purpose of transplantation, therapy, research, or education:
(1)    An agent of the decedent at the time of death who could have made an anatomical gift under § 4–503(b) of this subtitle immediately before the decedent’s death;
(2)    The persons who were acting as the guardians of the decedent at the time of the death of the decedent;
(3)    The spouse or domestic partner of the decedent;
(4)    The adult children of the decedent;
(5)    The parents of the decedent;
(6)    The adult siblings of the decedent;
(7)    The adult grandchildren of the decedent;
(8)    The grandparents of the decedent;
(9)    An adult who exhibited special care and concern for the decedent; or
(10)    Another person having the authority to dispose of the body of the decedent.
(b)    (1)    If there is more than one member of a class listed in subsection (a)(1), (3), (4), (5), (6), (7), or (9) of this section entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift may pass under § 4–509 of this subtitle knows of an objection by another member of the class.
(2)    If an objection to an anatomical gift is known, the gift may be made only by a majority of the members of the class who are reasonably available.
(c)    A person may not make an anatomical gift if, at the time of the decedent’s death, a person in a prior class under subsection (a) of this section is reasonably available to make or to object to the making of an anatomical gift.
2023 Maryland Statutes › Estates and Trusts › Title 4 - Wills › Subtitle 5 - Maryland Revised Uniform Anatomical Gift Act › Section 4-508 - Persons Other Than Donor -- Procedure for Making Gift

(a)    A person authorized to make an anatomical gift under § 4–507 of this subtitle may make an anatomical gift:
(1)    By a document of gift signed by the person making the gift; or
(2)    By an oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication.
(b)    (1)    Subject to subsection (c) of this section, an anatomical gift by a person authorized under § 4–507 of this subtitle may be amended or revoked orally or in a record by a reasonably available member of a prior class.
(2)    If more than one member of a prior class is reasonably available, the gift made by a person authorized under § 4–507 of this subtitle may be:
(i)    Amended only if a majority of the reasonably available members agree to the amendment; or
(ii)    Revoked only if:
1.    A majority of the reasonably available members agree to the revocation; or
2.    The reasonably available members are equally divided as to whether to revoke the gift.
(c)    A revocation under subsection (b) of this section is effective only if, before an incision has been made to remove a part from the donor’s body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital, or physician or technician knows of the revocation.
2023 Maryland Statutes › Estates and Trusts › Title 4 - Wills › Subtitle 5 - Maryland Revised Uniform Anatomical Gift Act › Section 4-511 - Document of Gift or Refusal -- Delivery; Examination and Copying

(a)    A document of gift need not be delivered during the lifetime of a donor to be effective.
(b)    On or after the death of an individual, a person in possession of a document of gift or a refusal to make an anatomical gift regarding the individual shall allow examination and copying of the document of gift or refusal by:
(1)    A person authorized to make or object to the making of the anatomical gift; or
(2)    A person to which the gift could pass under § 4–509 of this subtitle.
2023 Maryland Statutes › Estates and Trusts › Title 4 - Wills › Subtitle 5 - Maryland Revised Uniform Anatomical Gift Act › Section 4-513 - Violations; Penalties; Permitted Acts and Exceptions

(a)    (1)    Except as provided in subsection (b) of this section, if removal of a part from an individual is intended to occur after the individual’s death, a person may not for valuable consideration knowingly purchase or sell the part for transplantation or therapy.
(2)    A person that violates paragraph (1) of this subsection is guilty of a felony and on conviction is subject to a fine not exceeding $50,000 or imprisonment not exceeding 5 years or both.
(b)    (1)    A person may charge a reasonable amount of money for the removal, processing, preservation, quality control, storage, transportation, implantation, or disposal of a part.
(2)    The prohibition in subsection (a) of this section does not apply to blood and plasma.
(c)    (1)    A person may not, in order to obtain financial gain, intentionally falsify, forge, conceal, deface, or obliterate a document of gift, an amendment or revocation of a document of gift, or a refusal.
(2)    A person who violates paragraph (1) of this subsection is guilty of a felony and on conviction is subject to a fine not exceeding $50,000 or imprisonment not exceeding 5 years or both.
2023 Maryland Statutes › Estates and Trusts › Title 4 - Wills › Subtitle 5 - Maryland Revised Uniform Anatomical Gift Act › Section 4-514 - Liability

(a)    A person that acts in accordance with this subtitle or with the applicable anatomical gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil action, a criminal prosecution, or an administrative proceeding.
(b)    A person making an anatomical gift or the donor’s estate is not liable for any injury or damage that results from the making or use of the gift.
(c)    In determining whether an anatomical gift has been made, amended, or revoked under this subtitle, a person may rely on representations of an individual listed in § 4–507(a)(2) through (9) of this subtitle relating to the individual’s relationship to the donor or prospective donor unless the person knows that the representation is untrue.
2023 Maryland Statutes › Estates and Trusts › Title 4 - Wills › Subtitle 5 - Maryland Revised Uniform Anatomical Gift Act › Section 4-515 - Validity of Document of Gift

(a)    A document of gift is valid if executed in accordance with:
(1)    This subtitle;
(2)    The laws of the state or country where it was executed; or
(3)    The laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence, or was a national at the time the document of gift was executed.
(b)    If a document of gift is valid under this section, the law of this State governs the interpretation of the document of gift.
(c)    A person may presume that a document of gift or an amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked.
2023 Maryland Statutes › Estates and Trusts › Title 4 - Wills › Subtitle 5 - Maryland Revised Uniform Anatomical Gift Act › Section 4-516 - Donor Registry. [Effective Until October 1, 2027]

(a)    In this section, “qualified nonprofit entity” means a procurement organization exempt from taxation under § 501(c)(3) of the Internal Revenue Code or an entity exempt from taxation under § 501(c)(3) of the Internal Revenue Code that actively functions in a supporting relationship to one or more procurement organizations if the procurement organization or other entity has a board of directors whose members are experienced in:
(1)    Organ, tissue, and eye donation;
(2)    Working with donors and donor families; and
(3)    Educating the public about the importance of the process of organ, tissue, and eye donation.
(b)    (1)    The Secretary of Health shall contract with a qualified nonprofit entity for the establishment, maintenance, and operation of a donor registry.
(2)    The Secretary of Health shall use funds from the Organ and Tissue Donation Awareness Fund as required under § 13–901 of the Health – General Article and any other funds as may be appropriate to compensate the nonprofit entity contracted with under paragraph (1) of this subsection for the reasonable cost of establishing, maintaining, and operating the donor registry, including the reasonable cost of public education programs to increase public awareness about the existence and purpose of the registry and organ, tissue, and eye donation.
(c)    The Motor Vehicle Administration shall cooperate with the qualified nonprofit entity contracted with under subsection (b)(1) of this section for the purpose of transferring to the donor registry all relevant information regarding a donor’s making, amending of, or revoking of an anatomical gift.
(d)    A donor registry shall be accessible 24 hours a day and 7 days a week to allow:
(1)    A donor to include on the donor registry a statement or symbol that the donor has made or amended an anatomical gift;
(2)    A donor to revoke an anatomical gift; or
(3)    A procurement organization to obtain relevant information on the donor registry to determine, at the death or imminent death of a donor or a prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift.
(e)    Personally identifiable information on a donor registry about a donor or prospective donor may not be used or disclosed without the express consent of the donor, prospective donor, or person that made the anatomical gift for any purpose other than to determine, at the death or imminent death of the donor or prospective donor, whether the donor or prospective donor has made or amended an anatomical gift.
(f)    (1)    This section does not prohibit a person from creating or maintaining a donor registry that is not established by or under contract with the State.
(2)    A registry that is not established by or under contract with the State shall comply with subsections (d) and (e) of this section.
2023 Maryland Statutes › Estates and Trusts › Title 4 - Wills › Subtitle 5 - Maryland Revised Uniform Anatomical Gift Act › Section 4-517 - Conflicts With Advance Health Care Directives of Donor

(a)    In this section, “advance health care directive” means a power of attorney for health care or a record signed or authorized by a prospective donor in accordance with §§ 5–601 through 5–618 of the Health – General Article containing the prospective donor’s direction concerning a health–care decision for the prospective donor.
(b)    (1)    (i)    If a prospective donor has a declaration or advance health care directive and the terms of the declaration or directive and the express or implied terms of a potential anatomical gift are in conflict with regard to the administration of measures necessary to ensure the medical suitability of a part for transplantation or therapy:
1.    The prospective donor’s attending physician and prospective donor shall confer to resolve the conflict; or
2.    If the prospective donor is incapable of resolving the conflict, an agent acting under the prospective donor’s declaration or directive shall act for the donor to resolve the conflict.
(ii)    If there is not an agent or the agent is not reasonably available, another person authorized by a law other than this subtitle to make health care decisions on behalf of the prospective donor shall act for the donor to resolve the conflict.
(2)    Information relevant to the resolution of the conflict under this subsection may be obtained from the appropriate procurement organization and any other person authorized to make an anatomical gift for the prospective donor under § 4–507 of this subtitle.
(3)    Before resolution of a conflict under this subsection, measures necessary to ensure the medical suitability of a part from a prospective donor may be administered unless it is determined that the administration of those measures would not provide the prospective donor with appropriate end–of–life care, consistent with reasonable medical judgment.
(4)    If the conflict under this subsection is not resolved expeditiously, the direction of the declaration or advance health care directive controls.
2023 Maryland Statutes › Estates and Trusts › Title 4 - Wills › Subtitle 5 - Maryland Revised Uniform Anatomical Gift Act › Section 4-518 - Cooperation Between Ocme and Procurement Organizations

(a)    OCME and procurement organizations shall cooperate with each other to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research, or education.
(b)    If OCME receives notice from a procurement organization that an anatomical gift might be available or was made with respect to a decedent whose body or part is under the jurisdiction of OCME and a postmortem examination is going to be performed, unless OCME denies recovery in accordance with § 4–519 of this subtitle, OCME or OCME’s designee shall conduct the postmortem examination of the body or part in a manner and within a period compatible with its preservation for the purposes of the gift.
(c)    (1)    A part may not be removed from the body of a decedent under the jurisdiction of OCME for transplantation, therapy, research, or education unless the part is the subject of an anatomical gift or an authorization given by OCME in accordance with subsection (d) of this section.
(2)    The body of a decedent under the jurisdiction of OCME may not be delivered to a person for research or education unless the body is the subject of an anatomical gift or an authorization given by OCME in accordance with subsection (d) of this section.
(3)    This subsection does not preclude OCME from performing a postmortem examination of the body or part of a decedent under the jurisdiction of OCME for the purposes of education, training, and research required by OCME.
(d)    (1)    The Chief Medical Examiner, the deputy chief medical examiner, or an assistant medical examiner may provide a part on the request of a procurement organization under the following conditions:
(i)    The medical examiner has charge of a decedent who may provide a suitable part for transplant;
(ii)    A reasonable, unsuccessful search has been made by the procurement organization as required by § 4–512(f) of this subtitle to contact the persons authorized under § 4–507 of this subtitle to make an anatomical gift;
(iii)    No objection by the persons authorized under § 4–507 of this subtitle to make an anatomical gift is known by the medical examiner; and
(iv)    The provision of the part for transplant will not interfere with the subsequent course of an investigation or autopsy.
(2)    (i)    If the Chief Medical Examiner has obtained a written or verbal statement from the procurement organization that a reasonable, unsuccessful search was conducted prior to the removal of a part for transplantation, the Chief Medical Examiner, the deputy chief medical examiner, an assistant chief medical examiner, and the procurement organization are not civilly liable if a person authorized under § 4–507 of this subtitle to make an anatomical gift is subsequently located and contends that the authorization of that person was required to make the gift.
(ii)    A verbal statement under subparagraph (1) of this paragraph shall be documented in the medical record of the decedent.
2023 Maryland Statutes › Estates and Trusts › Title 4 - Wills › Subtitle 5 - Maryland Revised Uniform Anatomical Gift Act › Section 4-521 - Subtitle Does Not Authorize Electronic Delivery of Notices

This subtitle modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(a) of that act, 15 U.S.C. Section 7001 et seq., or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
2023 Maryland Statutes › Estates and Trusts › Title 4 - Wills › Subtitle 6 - Maryland International Wills Act › Section 4-601 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Authorized person” or “person authorized to act in connection with international wills” means a person, including a member of the diplomatic and consular service of the United States designated by Foreign Service Regulations, who, under § 4–609 of this subtitle or by the laws of the United States, is empowered to supervise the execution of international wills.
(c)    “International will” means a will executed in conformity with §§ 4–602 through 4–605 of this subtitle.
2023 Maryland Statutes › Estates and Trusts › Title 4 - Wills › Subtitle 6 - Maryland International Wills Act › Section 4-602 - Validity of International Will; Scope of Subtitle

(a)    A will is valid as regards form, irrespective particularly of the place where the will has been made, the location of the assets, and the nationality, domicile, or residence of the testator, if the will is made in the form of an international will complying with the requirements of this subtitle.
(b)    The invalidity of a will as an international will does not affect its formal validity as a will of another kind.
(c)    This subtitle does not apply to any form of testamentary disposition made by two or more persons in one instrument.
2023 Maryland Statutes › Estates and Trusts › Title 4 - Wills › Subtitle 6 - Maryland International Wills Act › Section 4-603 - Requirements

(a)    An international will:
(1)    Shall be made in writing;
(2)    Does not need to be written by the testator;
(3)    May be written in any language; and
(4)    May be written by hand or by any other means.
(b)    (1)    The testator shall declare in the presence of at least two witnesses and a person authorized to act in connection with international wills that the document is the testator’s will and that the testator knows the contents of the document.
(2)    The testator need not inform the witnesses or the authorized person of the contents of the will.
(c)    In the presence of the witnesses and of the authorized person, a testator shall:
(1)    Sign the will; or
(2)    If the testator has previously signed the will, acknowledge the testator’s signature.
(d)    (1)    If a testator is unable to sign, the absence of the testator’s signature does not affect the validity of the will if:
(i)    The testator indicates the reason for the testator’s inability to sign; and
(ii)    The authorized person makes note on the will of the reason for the testator’s inability to sign.
(2)    If a testator is unable to sign, another person present, including the authorized person or one of the witnesses, may sign the testator’s name for the testator if:
(i)    The other person signs at the direction of the testator; and
(ii)    The authorized person makes note on the will of the other person signing the testator’s name at the direction of the testator.
(3)    Notwithstanding paragraph (2) of this subsection, a person is not required to sign the testator’s name at the testator’s direction.
(e)    The witnesses and the authorized person shall there and then attest the will by signing their names in the presence of the testator.
2023 Maryland Statutes › Estates and Trusts › Title 4 - Wills › Subtitle 6 - Maryland International Wills Act › Section 4-604 - Signatures, Date, Declaration of Safekeeping, Compliance With Section

(a)    (1)    The signatures required under § 4–603 of this subtitle shall be placed at the end of the will.
(2)    If the will consists of more than one sheet, each sheet shall be numbered.
(3)    If a will consists of more than one sheet, each sheet shall be signed by:
(i)    The testator; or
(ii)    1.    If the testator is unable to sign the testator’s name, a person signing at the direction of the testator; or
2.    If there is no person signing at the direction of the testator, the authorized person.
(b)    The date of the will shall be:
(1)    The date of the authorized person’s signature on the will; and
(2)    Noted at the end of the will by the authorized person.
(c)    (1)    The authorized person shall ask the testator whether the testator wishes to make a declaration concerning the safekeeping of the testator’s will.
(2)    If the testator responds by an express request for the safekeeping of the will, the place where the testator intends to have the will kept shall be included in the certificate described under § 4–605 of this subtitle.
(d)    A will executed in compliance with § 4–603 of this subtitle is not invalid solely because the will does not comply with this section.
2023 Maryland Statutes › Estates and Trusts › Title 4 - Wills › Subtitle 6 - Maryland International Wills Act › Section 4-605 - Certificate

(a)    An authorized person shall attach to the will a certificate to be signed by the authorized person establishing that the requirements for valid execution of an international will have been met.
(b)    The authorized person shall keep a copy of the certificate and deliver a copy to the testator.
(c)    A certificate under this section shall be substantially in the following form:
“CERTIFICATE
(Convention of October 26, 1973)
I, __________________ (name, address, and capacity), a person authorized to act in connection with international wills, certify that on ________________________ (date) at__________________(place)___________________(testator)____________________(name, address, and date and place of birth) in my presence and that of the witnesses: _____________________ (name, address, and date and place of birth); and _____________________ (name, address, and date and place of birth) has declared that the attached document is the testator’s will and that the testator knows the contents of the will.
I further certify that in my presence and in the presence of the witnesses:
(1)    the testator has signed the will or has acknowledged the testator’s signature previously affixed;
(2)    following a declaration of the testator stating that the testator was unable to sign the testator’s will for the following reason ____________________, I have noted this declaration on the will and the signature has been affixed  by _____________ (name and address);
(3)    the witnesses and I have signed the will;
(4)    each page of the will has been signed by _______________________ (name and address) and numbered;
(5)    I have satisfied myself as to the identity of the testator and of the witnesses as designated above;
(6)    the witnesses met the conditions requisite to act as such according to the law under which I am acting; and
(7)    the testator has requested me to include the following statement concerning the safekeeping of the testator’s will: ____________________________________________________________________.
PLACE OF EXECUTION _____________________
DATE ________________________________________
SIGNATURE _________________________________ and, if necessary, SEAL”.
2023 Maryland Statutes › Estates and Trusts › Title 4 - Wills › Subtitle 6 - Maryland International Wills Act › Section 4-606 - Certificate -- Effect

(a)    In the absence of evidence to the contrary, the certificate of an authorized person under § 4–605 of this subtitle is conclusive of the formal validity of the instrument as a will under this subtitle.
(b)    The absence or irregularity of a certificate does not affect the formal validity of a will under this subtitle.
2023 Maryland Statutes › Estates and Trusts › Title 4 - Wills › Subtitle 6 - Maryland International Wills Act › Section 4-608 - Derivation of Provisions and Interpretation

(a)    Sections 4–601 through 4–607 of this subtitle derive from Annex to Convention of October 26, 1973, Providing a Uniform Law on the Form of an International Will.
(b)    In interpreting and applying this subtitle, regard shall be given to its international origin and the need for uniformity in its interpretation.
2023 Maryland Statutes › Estates and Trusts › Title 5 - Opening the Estate › Subtitle 1 - General Provisions › Section 5-101 - Scope of Title

(a)    This subtitle is applicable to the portion of the probate proceeding which relates to the probate of a will, if any, and the grant of letters.
(b)    Probate of a will, if any, and the grant of letters, may be accomplished after filing of a petition for probate by:
(1)    Administrative probate by the register of wills as described in Subtitle 3 of this title; or
(2)    Judicial probate by the court as described in Subtitle 4 of this title.
2023 Maryland Statutes › Estates and Trusts › Title 5 - Opening the Estate › Subtitle 1 - General Provisions › Section 5-102 - Necessity of Proceeding

(a)    Unless it is admitted to administrative or judicial probate, or recorded as provided in § 5–504 of this title, a will is ineffective to transfer property or to nominate a personal representative.
(b)    Except for a foreign personal representative, a person may not qualify as or exercise the powers and duties of a personal representative unless the person has been appointed administratively or judicially.