How to handle a parent’s estate in Maryland: step-by-step FAQ

Disclaimer: This is general information and not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed Maryland attorney.

Short answer

If your mother died in Maryland, start by locating any will and important documents, securing property, determining whether probate is required, and (if needed) open a probate case in the local court (Orphans’ Court in Maryland). If she named a personal representative (executor), that person should file the will and petition for appointment. The personal representative locates assets, notifies heirs and creditors, pays taxes and debts, and distributes assets according to the will or Maryland intestacy law if there is no will. Work with the county Orphans’ Court and consider an attorney for complex estates.

Detailed answer — step-by-step under Maryland law

1. Confirm death and secure documents

   Obtain certified copies of the death certificate from the funeral home or the local health department. Search for a will, trust documents, recent bank statements, life insurance policies, deeds, titles, and beneficiary designations. Common places to look: the deceased’s home safe, safe-deposit box, email, attorney’s office, or mailbox for recent correspondence.

2. Determine whether a probate proceeding is necessary

   Not all assets must pass through probate. Assets titled in joint tenancy, payable-on-death (POD) accounts, accounts with named beneficiaries, and some small estate transfers can avoid full probate. If the estate consists primarily of titled real estate or there is no beneficiary on substantial accounts, you will likely need to open probate.

   Maryland courts explain probate basics and when to use simplified procedures: see the Maryland Courts probate overview at https://www.mdcourts.gov/probate/overview.

3. If there is a will: file it with the local Orphans’ Court

   Maryland uses county Orphans’ Courts (part of the Circuit Court system) to handle estate administration. File the original will and petition for probate in the county where your mother lived. The person named as personal representative (executor) typically petitions to be appointed. If no one named, an interested person (heir) can petition.

   Find your county Orphans’ Court information at https://www.mdcourts.gov/orphanscourt and see forms and filing steps at https://www.mdcourts.gov/probate/forms.

4. If there is no will: intestate succession

   If your mother died without a valid will, Maryland’s intestacy rules determine who inherits. The court will appoint an administrator to act as the personal representative. Heirs are usually the surviving spouse and children, but distribution depends on family relationships and whether property was jointly owned. See Maryland law on Estates & Trusts and consult the court or an attorney for how intestacy applies to your family.

   Maryland Code (Estates & Trusts) governs these rules; for more information, consult the Maryland General Assembly laws page for Estates & Trusts: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=Estates%20and%20Trusts.

5. Appointment of personal representative and letters

   Once the court appoints a personal representative (PR), the court issues letters or letters of administration. Banks and title companies use the letters to identify the PR and allow the PR to act for the estate. The PR has a fiduciary duty to act in the estate’s best interest and follow Maryland law and the will’s terms.

6. Inventory assets and determine values

   The PR must locate and list all assets (bank accounts, investment accounts, real estate, vehicles, personal property). The estate may require appraisals for real estate or valuable personal property. Some counties require the PR to file an inventory with the Orphans’ Court.

7. Give notice to heirs and creditors

   Maryland law requires notice to heirs, interested persons, and often publication to alert creditors. Creditors have a period to make claims against the estate. The PR should not distribute assets until valid debts and taxes are paid or adequately provided for.

8. Pay debts, expenses, and taxes

   The PR pays funeral expenses, outstanding bills, valid creditor claims, and estate administration costs from estate funds. Maryland may require filing an estate tax return if the federal or state thresholds apply and a final income tax return for the decedent. Consult the Maryland Comptroller for state tax rules: https://www.marylandtaxes.gov.

9. Distribute remaining assets

   After debts and taxes, the PR distributes the remaining assets according to the will or Maryland intestacy law. If beneficiaries disagree or liabilities remain unclear, the PR may ask the court for instructions before distributing assets.

10. Close the estate

    When administration is complete, the PR files a final accounting and petition to close the estate with the Orphans’ Court. The court approves final distributions and discharges the PR’s duties.

Additional Maryland-specific points

• Orphans’ Courts in Maryland supervise probate/estate administration at the county level: https://www.mdcourts.gov/orphanscourt.
• Some assets pass outside probate: joint tenancy, POD accounts, retirement accounts with beneficiaries, and certain trust assets. Check account titles and beneficiary designations before opening a full probate.
• Maryland has simplified procedures for small estates and certain transfers. The Maryland Courts’ probate pages describe when simplified procedures may apply: https://www.mdcourts.gov/probate/overview.
• Real property transfers may require deed preparation and recording with the county land records or Maryland Department of Assessments and Taxation: https://dat.maryland.gov.

When to get an attorney

Consider hiring a Maryland probate attorney if any of the following apply:

• The estate includes a house, business interest, or complex assets
• Family conflict or contested will/intestate succession
• Unclear or large creditor claims
• Tax issues (estate or income tax complexities)
• You are unsure how to file or account to the Orphans’ Court

Helpful Hints

• Keep originals in a safe place and provide copies to the personal representative and attorney.
• Gather a short checklist: death certificate, original will, bank statements, account numbers, property deeds, vehicle titles, insurance policies, and recent tax returns.
• Contact banks and financial institutions early. They will tell you what paperwork they need to freeze or release accounts.
• Document communications with creditors and beneficiaries in writing.
• Don’t distribute assets until you understand creditor deadlines and tax obligations.
• If you are named the personal representative, act promptly to protect assets: secure the home, change locks if needed, and safeguard valuables.
• Use Maryland court resources and forms: https://www.mdcourts.gov/probate/forms.
• If finances or titles are urgent (mortgage, utilities), contact the lenders or utility companies to explain the situation and learn acceptable interim steps.

If you want, provide basic facts about the estate (presence of a will, major assets, whether you have been named executor) and I can outline likely next steps and the documents you’ll need to file in Maryland.