Maryland Probate Guide

Maryland is one of only a handful of states that uses the term "Orphans' Court" for its probate jurisdiction. Each of Maryland's 24 counties (plus Baltimore City) has its own Orphans' Court, which handles will probate, estate administration, and fiduciary appointments. These courts operate under the Maryland Estates, Trusts, and Fiduciaries Article.

The probate process in Maryland begins when the original will is filed with the Register of Wills in the county where the deceased person lived. The Register of Wills then issues Letters of Administration (or Letters Testamentary if there is a will) to the Personal Representative. Maryland uses the term "Personal Representative" rather than "Executor" or "Administrator," a distinction that carries through all Maryland probate proceedings.

The Personal Representative's Role

In Maryland, the Personal Representative carries significant legal obligations:

• Filing the will with the Register of Wills within the required timeframe
• Obtaining Letters Testamentary or Letters of Administration from the Orphans' Court
• Posting a bond (unless the will waives this requirement)
• Creating and filing a complete inventory of estate assets within 90 days
• Sending notice to known creditors and publishing notice in a local newspaper
• Paying valid creditor claims within the statutory period
• Filing federal and Maryland estate tax returns as applicable
• Distributing remaining assets to beneficiaries per the will or state law
• Filing a final accounting with the Orphans' Court for approval

Maryland Probate Timeline

A standard Maryland probate typically takes 8 to 16 months. The creditor claims period in Maryland is 6 months from the date notice is published, which is longer than many other states. Estates with real property to sell, or those involving disputes, may take 18 months or longer. The Orphans' Court can expedite certain matters when circumstances warrant.