Maryland's probate system is administered through county Orphans' Courts — or, in Montgomery and Harford Counties, through Circuit Court with Orphans' Court jurisdiction. The personal representative (Maryland's term for executor), accounting requirements, creditor notice periods, and tax filing obligations are specific to Maryland's Estates and Trusts Code.
Personal representatives bear personal liability for mistakes — distributing assets before the creditor period ends, missing inheritance tax obligations, or failing filing deadlines. We protect you by managing every step and advising on every decision before it's made.
Small Estate Procedures
Under $50,000 personal property ($100,000 for surviving spouse): simplified Administration avoids full probate. We assess eligibility first.
Standard Administration
Filed with the county Register of Wills. Full inventory, creditor publication, accounting, and court approval required. Timeline: 9–15 months.
Dual Tax Exposure
Maryland inheritance tax (10% on non-exempt beneficiaries) and estate tax ($5M threshold) must both be addressed during administration. We handle all Maryland tax filings.
How We Guide You
Four Steps Through Maryland Probate
1
Consultation — Assess the Estate and Determine the Path
We review the will (or intestate situation), identify all assets, determine which require probate, and assess Small Estate eligibility. We give you a realistic timeline and fee estimate before proceeding.
2
File With Register of Wills — Personal Representative Appointed
We file the will and petition with the Register of Wills in the decedent's county. The Register appoints the personal representative and issues Letters of Administration. We handle the creditor notice publication in the local newspaper.
3
Administration — Taxes, Accounting, and Creditor Claims
We inventory and value all estate assets, pay debts and administration expenses, file the Maryland inheritance tax return and estate tax return where required, and prepare the final accounting for the Register of Wills.
4
Distribution and Close — Duties Properly Discharged
We distribute assets to beneficiaries, obtain releases, file the final report, and formally close the estate. Your fiduciary duties as personal representative are completely discharged.
The Full Process
Maryland Orphans' Court — Step by Step
1
File the will and petition with the Register of Wills in the decedent's county
2
Personal representative appointed by the Register of Wills
3
Inventory of probate assets filed with the Register of Wills
4
Publish creditor notice in a local newspaper (two consecutive weeks)
5
Pay debts, administrative expenses, and Maryland inheritance and estate taxes
6
File information report and final accounting with Register of Wills
7
Distribute assets to beneficiaries
8
Estate closed. Timeline: 9–15 months for uncontested estates.
Maryland County Courts
Register of Wills — County by County
Montgomery County
50 Maryland Avenue, Rockville, MD 20850. Circuit Court exercises Orphans' Court jurisdiction.
Prince George's County
14735 Main Street, Upper Marlboro, MD 20772.
Howard County
8360 Court Avenue, Ellicott City, MD 21043.
Anne Arundel County
8 Church Circle, Annapolis, MD 21401.
Baltimore City
111 N. Calvert Street, Baltimore, MD 21202.
Your Attorney
Estate Planning Counsel
SV
Sunil Varghese
Georgetown Law · Partner, Estate Planning
New York Bar DC Bar Maryland Bar
Sunil handles Maryland probate from our Bethesda office — appearing before the Register of Wills in Montgomery, Prince George's, Howard, Anne Arundel, and Baltimore City routinely. We offer flat-fee administration for straightforward estates and hourly representation for complex or contested matters.
View Full Profile → Common Questions About Maryland Probate
Can I avoid Maryland probate entirely?
Yes — with a properly funded revocable living trust. Assets held in trust pass directly to beneficiaries without Orphans' Court involvement. Jointly owned property and accounts with TOD/POD designations also avoid probate.
How long does Maryland probate take?
Uncontested estates typically take 9–15 months from the filing of the petition to closing the estate. Complex estates, contested wills, or those requiring real estate sales take longer.
Do Maryland personal representatives get paid?
Yes — the statutory commission is up to 9% of the first $20,000 of estate value, plus 3.6% of the excess. On a $500,000 estate, that's approximately $17,400 — from the estate's assets.
What happens if the will is contested in Maryland?
Will contests in Maryland are heard by the Orphans' Court (or Circuit Court in Montgomery and Harford Counties). Grounds include lack of testamentary capacity, undue influence, fraud, and improper execution. We represent both estate parties and challenging beneficiaries.
Need help settling a Maryland estate? Schedule your Maryland probate consultation or browse our estate planning FAQ.
Estate Planning Notice: Estate planning laws vary by state and change frequently. This website provides general information only and does not constitute legal advice. A consultation with an attorney licensed in your state is required for legal advice tailored to your situation. Wills and trusts must be executed in accordance with state law or they may be invalid. The information on this site does not create an attorney-client relationship.
