Maryland — What Notices Must be Sent to Notify Heirs When Opening Probate

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

How to notify heirs and interested persons when opening probate in Maryland

Short answer: When you open probate in Maryland you must provide written notice to the decedent’s interested persons (heirs and known beneficiaries) and take steps to notify creditors (including publishing a notice to unknown creditors). The exact forms, method of delivery, and local practice (Register of Wills / Orphans’ Court) determine how notice is accomplished, so check the Register of Wills for the county where the decedent lived and the Maryland Estates & Trusts law for statutory guidance.

Detailed answer — what notices are usually required in Maryland

Opening a probate estate starts with filing the will (if any) and a petition for probate or letters with the Register of Wills in the county where the decedent was domiciled. From there, the person appointed as personal representative (executor or administrator) has clear duties to notify other parties so that heirs and other interested persons get the information they need and creditors have an opportunity to assert claims.

1. Who should receive notice?

  • All known heirs-at-law (people who would inherit under intestacy rules if there is no valid will).
  • All devisees and beneficiaries named in the decedent’s will.
  • Any person known to have an interest in the estate (for example, a surviving spouse, minor children, or a named beneficiary under a trust or contract related to the decedent).
  • Known creditors and claimants (for creditor-claim purposes).

2. Common types of notices given

  • Notice of Probate / Appointment notice to interested persons: A written notice that the will has been filed and that a personal representative has been (or is being) appointed. This is typically mailed to known heirs and beneficiaries. This notice explains how they can assert interests, object to letters, or participate in the probate.
  • Notice to creditors: Known creditors should receive direct written notice. In addition, the personal representative will typically publish a notice to unknown creditors (a notice in a local newspaper or other publication as required by local rules) so unknown or unanticipated creditors have the opportunity to file a claim.
  • Formal legal process / service: If there are parties whose location is unknown, the court may permit substituted service (publication) or service by other methods approved by the Register of Wills or the Orphans’ Court.

3. How to deliver notices

  • Mail: Most notices to known heirs or beneficiaries should be sent by mail (many practitioners use certified mail with return receipt or first-class mail and keep proof of mailing).
  • Personal delivery: When appropriate (e.g., a minor or someone under a disability), follow local rules for service or delivery.
  • Publication: For unknown creditors, publish in the local paper or follow the Register of Wills’ instructions for publication.

4. Where to find the exact statutory and local rules

Maryland’s Estates & Trusts statutes and the local Register of Wills offices set the statutory framework and county practice. For the statewide statutory framework, see the Maryland Code, Estates & Trusts (browse the article for probate and administration provisions):

Maryland Code, Estates & Trusts Article (Maryland General Assembly)

For practical guidance about registering a will, opening probate, and local forms, check the Maryland Judiciary pages and the Registers of Wills page:

5. Practical points often required by the Register of Wills

  • The Register of Wills usually asks for a listing of heirs and beneficiaries with addresses — this helps ensure proper mailing.
  • Keep written proof of every mailing or publication (postage receipts, certified mail return receipts, affidavits of publication).
  • Follow local forms and instructions. Many counties provide fillable notice templates for the Notice of Appointment and Notice to Creditors.

6. Timing and consequences

Deadlines for filing creditor claims and for objecting to probate or accounting vary with the type of notice and the county’s procedures. Failure to give proper notice can affect the estate process and could extend exposure to late claims or litigation. Because timing and specific notice requirements can differ by county and by whether the estate is small (summary administration) or full probate, confirm deadlines with your Register of Wills or an attorney.

Helpful Hints

  • Contact the Register of Wills in the county where the decedent lived right away — they will provide the forms, local rules, and publication instructions.
  • Make a careful heir and beneficiary list before filing. Use marriage certificates, birth certificates, the will, and other records to identify potential heirs.
  • Send notices to beneficiaries and heirs by a method that provides proof (certified mail or tracked delivery) and keep copies of all notices and receipts.
  • Publish a creditor notice even if you do not expect creditor claims — this step protects the estate against unknown claims later on.
  • If a potential heir or beneficiary cannot be located, discuss options with the Register of Wills about substituted service or publication to preserve procedural rights.
  • Consider speaking with an estate attorney if the estate is large, the family situation is complex, or you expect contested claims or litigation.
  • Keep accurate records of all estate communications. Courts commonly request proof of who received notice and when.

Disclaimer: I am not a lawyer. This article explains general information about Maryland probate notice practices to help you understand what typically happens. This is not legal advice. For advice about your particular situation, contact the Register of Wills for the decedent’s county or consult a licensed Maryland attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.