Maryland Probate Court

Probate is a legal process used to manage a deceased person's estate. Specifically, it is used for paying off debts and allocating assets to heirs. Although probate is common nationwide, the processes vary from state to state. Probate cases in Maryland are distinct as they are not handled by general trial courts but rather by the Orphans' Court and the Register of Wills in each county. Probate is made more efficient by the state's simple procedures for small estates.

How the Probate Process Works in Maryland

In Maryland, the process of probate starts when a petition for administration is submitted by an interested party to the county's Register of Wills. The Register of Wills confirms the validity of the will and provides the executor (personal representative) with Letters of Administration. Maryland's intestacy laws appoint an administrator in the absence of a will.

The personal representative is responsible for notifying creditors and heirs. They also create an asset list, pay taxes and debts, and allocate property. Both small and regular estates are recognized in Maryland. Regular estates need the Orphans' Court to approve their accounts, while the process with small estates is much simpler. Depending on the nature of the estate, probate cases can take nine months to more than a year to complete.

What Are the Costs of Probate in Maryland?

In Maryland, the probate process would typically attract certain costs, including filing, legal, and personal representative fees. Filing fees start at about $100 and can go up for larger estates. Probate fees, which are typically a percentage of estate value, are also collected by the Register of Wills. The statutory limits for executors' remuneration are 9% of the first $20,000 and 3.6% of sums exceeding $20,000. The size and complexity of an estate affect the cost of an attorney. While big estates may include substantial expenses, small estates often only incur minor charges.

Types of Probate Cases in Maryland

Maryland law provides for different probate pathways. These include:

• Testate Probate: When a valid will exists.
• Intestate Probate: When no will exists, and property is distributed by intestacy statutes.
• Regular Estate Administration: Used when estate assets exceed $50,000 ($100,000 if the spouse is the sole heir).
• Small Estate Administration: Available when estate assets are below these thresholds, offering a streamlined process.

Maryland Probate Court Forms and Filing Instructions

Probate forms are available through the Maryland Register of Wills website and local Orphans’ Courts. Common forms include petitions for probate, inventories, accountings, and small estate petitions. While forms are standardized statewide, counties may have minor procedural variations.

How Maryland Probate Courts Work at the County Level

Maryland probate is handled by the Orphans’ Court and Register of Wills offices in each of the state’s 23 counties and Baltimore City. While all follow statewide probate statutes, procedures, fees, and record access may differ locally.

Below are the probate courts in Maryland’s top 10 counties by population:

1. Montgomery County Orphans’ Court (Rockville) – Montgomery Orphans’ Court has one of the largest caseloads in the state. It also provides some services online.
2. Prince George’s County Orphans’ Court (Upper Marlboro) – Prince George’s provides strong probate record access. The court handles regular and small estates.
3. Baltimore County Orphans’ Court (Towson) – This Orphans’ Court handles small estates effectively. It also offers virtual hearing via Webex.
4. Baltimore City Orphans’ Court – Baltimore City Orphans’ Court deals with a large caseload. However, the court provides detailed guidance for petitioners.
5. Anne Arundel County Orphans’ Court (Annapolis) – This court offers robust online probate resources. It also renders walk-in guidance to the public.
6. Howard County Orphans’ Court (Ellicott City) – Howard County Orphans’ Court makes use of a simplified small estate processing. It provides probate-related forms and guides.
7. Frederick County Orphans’ Court (Frederick) – The Orphans’ Court in Frederick provides practical guidance for self-represented litigants. The court handles Letters Testamentary and Letters of Administration.
8. Harford County Orphans’ Court (Bel Air) – Harford County Orphans’ Court makes probate support materials accessible. Its Register of Wills handles probate and administrative support.
9. Carroll County Orphans’ Court (Westminster) – The court maintains detailed estate archives. It also has accessible facilities.
10. Charles County Orphans’ Court (La Plata) – This Orphans’ Court offers clear procedures for simplified probate. The county’s Register of Wills serves as clerk of the Orphans’ Court

How to Search Probate Records in Maryland

Probate records in Maryland are generally public unless sealed. These records include wills, inventories, petitions, creditor claims, executor details, and distributions. Records can be searched in person at Register of Wills offices or through the Maryland Judiciary Case Search portal online. Certified copies of probate documents are available from the Register of Wills for a fee.