Detailed Answer
In Maryland, probate proceedings take place in the Orphans’ Court. Normally, when you file a petition for grant of probate or appointment of a personal representative, the court clerk enters your case on the docket and schedules a hearing date. If no hearing date appears, you must take affirmative steps to request and set one. Follow these steps:
1. Prepare and File Your Petition or Motion
Complete the appropriate form—either a Petition for Grant of Administration or a Petition for Probate of Will—and file it with the Orphans’ Court in the county where the decedent lived. Include all required attachments, such as the original will and a certified death certificate. Pay the filing fee at the time of submission. (Estates & Trusts § 7-102)
2. Check the Docket
Within 7–10 business days, review the court’s online docket or contact the register of wills. If the clerk hasn’t assigned a hearing date, move to the next step.
3. File a Written Request for Hearing
Under Maryland Rule 6-224, matters may proceed without a hearing unless requested. To obtain a hearing, file a Request for Hearing form or a written motion entitled “Request for Hearing” with the register of wills. In your request, cite Rule 6-224 and specify the relief you seek—e.g., confirmation of the will or appointment of the personal representative. Attach a proposed order setting the hearing date and time.
Maryland Rule 6-224 (Request for Hearing):
mdcourts.gov/sites/default/files/import/rules/OrphansRules.pdf#page=17
4. Serve Notice on Interested Persons
Serve a copy of your request and proposed order on all interested persons (heirs, beneficiaries, creditors) at least 10 days before the proposed hearing date. Use certified mail, return receipt requested, or a process server. File proof of service with the court before the hearing.
5. Clerk Confirms Hearing Date
Once the court receives your request and proof of service, the register will sign your proposed order or issue its own scheduling order. The clerk then mails you and all parties a notice with the date, time, and location of the hearing.
6. Follow Up if No Date Is Set
If you still have no hearing date within 15 days of filing your request, call or visit the clerk’s office. Ask to speak with the register. Confirm your case number and request an update. Document any conversations in writing and file a status report if necessary.
Disclaimer: This article provides general information on Maryland probate procedures and does not constitute legal advice. For advice tailored to your situation, consult a qualified attorney.
Helpful Hints
- Review your county’s Orphans’ Court website for local forms and fee schedules.
- Keep detailed records of all filings, service receipts, and communications with the court.
- Use the court’s online docket system to monitor your case status regularly.
- Request an expedited hearing only in emergencies (e.g., imminent estate waste).
- Consider hiring a probate attorney if multiple heirs contest or complex assets are involved.