FastCounsel

Detailed Answer

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.

To open probate for a decedent’s estate in Maryland, an interested party must work with the Register of Wills in the county where the decedent resided at death. Maryland law defines an “interested party” as a person with a legal right or claim in the estate, such as an executor named in a will, an heir at law, or a creditor. Follow these key steps:

1. Locate the Proper Register of Wills Office. Identify the county where the decedent lived. Each county has its own Register of Wills office. A directory is available at registers.maryland.gov.
2. Gather Required Documents. You will need:
   • The original will, if one exists.
   • A certified copy of the death certificate.
   • A list of known heirs and beneficiaries with contact information.
3. File a Petition for Probate. Complete and submit the Petition for Probate or Letters of Administration, depending on whether there is a will. In a testate case (with a will), you petition for Letters Testamentary. In an intestate case (no valid will), you petition for Letters of Administration. See Md. Code, Estates & Trusts § 7-101 (link).
4. Pay Filing Fees and Bond. Maryland requires a filing fee, which varies by county. The court may also require a surety bond for the personal representative, unless waived by the will or the court. For bond requirements, see Md. Code, Estates & Trusts § 7-103 (link).
5. Notice to Heirs and Creditors. After the petition is accepted, the Register of Wills issues Letters Testamentary or Administration. The personal representative must notify all heirs and beneficiaries and publish notice to creditors under Md. Code, Estates & Trusts § 7-201 (link).
6. Inventory and Account. Within three months, the personal representative must file an inventory of assets and later a final account of distributions under Md. Code, Estates & Trusts § 7-301 (link).
7. Close the Estate. Once debts and taxes are paid and assets distributed according to the will or Maryland’s intestacy laws, file a final report. The court issues an order discharging the personal representative and closing probate.

Helpful Hints

• Verify that the decedent’s will is validly executed under Md. Code, Estates & Trusts § 4-101.
• Order multiple certified death certificates early; courts and third parties often require their own copies.
• Use the Register of Wills’ self-help guides to complete probate forms accurately.
• Keep detailed records of all estate transactions and communications.
• Consider consulting a probate attorney if the estate has complex assets or disputes among heirs.