How Probate Works in Maryland

File the original will (it must be filed in the county where the decedent lived even if there are no probate assets) and open the estate with the Register of Wills in that county: petition for administration (small or regular), death certificate, consents if needed, resident-agent form for an out-of-state personal representative, and asset values. Most estates use administrative probate by the Register; any interested person may ask for judicial probate before the Orphans' Court. In a regular estate the personal representative posts bond (or a nominal bond if waived), publishes notice of appointment, files an inventory, pays valid claims, files accounts with the Register, and closes the estate. Maryland sets no deadline to open an estate.

Small estate administration (under $50,000, or $100,000 if the spouse is the sole heir or legatee): the petitioner files a petition listing known property, debts and pending lawsuits; the Register may appoint the petitioner, order payment of funeral expenses and family allowances, and publish a notice if property remains. No bond is required if the estate is under $10,000 after expenses and allowances. Separately, 'modified administration' is available for larger estates when all residuary heirs or legatees are the personal representative, close family members exempt from inheritance tax, or qualifying trusts; the estate is solvent; the election is filed within 3 months of appointment; and a final report is filed within 10 months of appointment.

A claim against the estate is barred unless presented by the earlier of (1) 6 months after the date of death, or (2) 2 months after the personal representative mails or delivers written notice to the creditor stating the claim will be barred unless presented within 2 months.

The court will not appoint someone who is under 18, mentally incompetent, convicted of a serious crime (such as fraud, theft or perjury) without good cause shown, not a U.S. citizen (unless a permanent resident who is the decedent's spouse, parent or grandparent, descendant or sibling), or a full-time judge, clerk or register (with family exceptions). A nonresident may serve only after filing an irrevocable designation of a Maryland resident agent for service of legal papers. A bond is required unless the will waives it or all interested persons waive it, in which case a nominal bond is used.

Maryland does not use a collect-by-affidavit procedure. Instead it has 'small estate' administration through the Register of Wills: available when the property subject to administration in Maryland is worth $50,000 or less, or $100,000 or less if the surviving spouse is the only heir or legatee. Value is fair market value minus debts secured by the property. Real estate counts toward the limit and may be included. There is no waiting period; the petition can be filed any time after death.

Estates are opened with the Register of Wills in the county (or Baltimore City) where the decedent was domiciled at death. The Register appoints personal representatives, keeps the permanent record of proceedings, and serves as clerk to the Orphans' Court, which handles probate judicially when necessary. The statewide Estate Search shows the decedent's name, estate number and status, date of death, filing date, personal representative, attorney and docket history for all estates filed with the Registers of Wills from 1998 to present, updated daily; for more information, visit or write to the Register of Wills office where the estate was filed.