Hiring a Wills, Trusts or Probate Lawyer in Maryland
What Maryland requires for a valid will, when probate applies, how estate lawyers charge, how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in Maryland: fee rules
| If a lawyer takes your money | The Client Protection Fund of the Bar of Maryland, created in 1965 and supported by practicing attorneys, reimburses clients who lose money through misappropriation by Maryland lawyers (or out-of-state lawyers authorized to practice in Maryland) acting as attorneys or fiduciaries, except to the extent the loss is bonded; malpractice is not covered. Reimbursement for one claim, or all claims against the same attorney, cannot exceed 5% of the Fund's net balance. Claims must be filed within six months after the claimant discovers the theft (the Trustees may accept late claims). Filing is free, and a lawyer who helps may not charge a fee. Fund home: https://www.mdcourts.gov/cpf ; governing rules: Md. Rules 19-601 to 19-610 |
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Maryland rules to know first
| Requirements for a valid will | A person 18 or older who is legally competent may make a will. The will must be in writing, signed by the testator (or by another person at the testator's direction and in the testator's presence), and attested and signed by two or more credible witnesses in the testator's presence. Electronic and remotely witnessed wills are allowed only under the special procedures in the statute, including a supervising attorney and a paper 'certified will.' |
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| Small estate affidavit | 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. |
| How probate works | 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. See also the Register of Wills FAQ: https://registers.maryland.gov/main/faq.html |
Find and check a lawyer
| Lawyer referral service | The Maryland State Bar Association does not make referrals itself; it says "Your county's bar association can help you find a lawyer in your area" and lists county bar numbers, including Anne Arundel (410) 222-6859, Baltimore City (410) 539-3112, Baltimore County, Carroll and Frederick (410) 337-9100, Harford (410) 836-0123, Howard (410) 313-3853, Montgomery (301) 279-9100, and Prince George's and Charles (301) 952-1440. Fees are set by each county service. |
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| Check that the lawyer is licensed | The Maryland Judiciary's attorney listing, drawn from its Attorney Information System, lets you search by last name (partial names allowed) and first name, with a similar-names option. An attorney listed as active is in good standing and authorized to practice; other listings may show inactive or retired attorneys, judges, or attorneys with disciplinary or administrative actions affecting eligibility. Questions: Supreme Court of Maryland Clerk's Office, 410-260-1500. |
| Check discipline history or file a complaint | Complaints about Maryland lawyers go to the Attorney Grievance Commission's Office of Bar Counsel, which investigates and prosecutes violations of the Rules of Professional Conduct. Read the instructions, complete and print the Attorney Complaint Form (English or Spanish), and mail it to the Office of Bar Counsel, 200 Harry S. Truman Parkway, Suite 300, Annapolis, MD 21401. Questions: (410) 514-7051 (staff cannot discuss complaint details by phone). Public sanctions and actions affecting licensure are posted on the Commission's website. Sanctions: https://www.mdcourts.gov/attygrievance/sanctions |
Free legal help
| Free legal aid | The Maryland Court Help Center, run by the Maryland Judiciary, offers "Free legal help with your civil matter" by phone at 410-260-1392, Monday-Friday 8:30 a.m.-8 p.m. Maryland Legal Aid, the state's LSC-funded legal aid organization, provides free civil legal help to eligible low-income Marylanders. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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All legal help in Maryland · Do I need a lawyer?
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.