How long does it usually take to get an out-of-state will approved in Maryland probate?
Detailed answer — admitting an out-of-state will in Maryland (plain-language)
Short answer: It can take anywhere from a few weeks to several months. Typical uncontested admissions of an original out-of-state will for a Maryland-domiciled person often complete in 4–12 weeks. If the estate requires ancillary administration for property located in Maryland (when the deceased was domiciled elsewhere), the process commonly takes 2–6 months. Contests, missing originals, or complex assets can extend the timeline to a year or longer.
This answer explains the common paths, what controls timing, and what to expect under Maryland probate practice.
Which process applies?
- Primary probate in Maryland — the decedent was domiciled in Maryland when they died. Any will they signed outside Maryland is typically presented to the Maryland Register of Wills to be admitted to probate.
- Ancillary probate in Maryland — the decedent was domiciled in another state but owned Maryland real property or certain Maryland assets. That out-of-state will or foreign probate may need limited or full ancillary proceedings in Maryland.
Why timelines vary
- Whether the original signed will is available. Courts normally require an original will; proving a lost or destroyed will slows things down.
- Whether the probate is routine (uncontested) versus contested (someone objects to the will or the executor).
- Whether notice requirements, creditor claims, or bond requirements apply.
- Whether ancillary administrators must gather evidence or file certified copies of out-of-state probate documents.
Typical steps and approximate times
- Prepare and file papers with Register of Wills (1–2 weeks): Prepare the petition to admit the will, death certificate, the original will (if available), and the estate opening forms. Most counties allow in-person or mail filing; some allow limited e-service. The Register reviews completeness before accepting.
- Short statutory notice and waiting period (2–6 weeks): Maryland probate practice requires notice to interested persons and time for creditors to present claims or for heirs to object. If no one objects, the Register frequently issues letters of appointment to the personal representative.
- Ancillary work for out-of-state decedents or real estate (4–12+ weeks): If the decedent was not a Maryland resident but owned Maryland real estate, you typically file for ancillary administration. That involves submitting certified foreign probate documents or a certified copy of the decree appointing the personal representative in the decedent’s domiciliary state; obtaining those certified documents can add time.
- Contests, missing original will, or complex estates (months to a year+): If someone contests execution, capacity, or undue influence, or if the will is lost/destroyed and testimony is needed to prove its terms, expect significant delay while the court resolves disputes.
Documents commonly required
- Original will (if available) or affidavit explaining loss.
- Certified copy of the death certificate.
- Petition to admit will and appointment papers filed with the county Register of Wills.
- If ancillary, certified letters or probate record from the decedent’s domiciliary state.
Where to find Maryland-specific information
Maryland court information and practical probate guides are available through the Maryland Judiciary. For general probate process and Register of Wills contact information, see the Maryland Courts probate information pages: https://www.courts.state.md.us/legalhelp/probate
For statutory rules that govern estates, consult the Maryland Code (Estates & Trusts). The Maryland General Assembly site provides the text of the Estates & Trusts laws: https://mgaleg.maryland.gov
Example timelines using simple hypotheticals
Hypothetical A — Maryland resident dies with an original out-of-state will and no disputes: Executor files in the local Register of Wills with original will and death certificate. Notices run and no objections are filed. Letters of administration issued in about 4–8 weeks.
Hypothetical B — Non-Maryland resident dies owning Maryland house: Executor obtains probate in domiciliary state, requests certified letters, files ancillary petition in Maryland with those certified documents. Because of the need to obtain certified foreign documents and satisfy local notice requirements, the ancillary process often takes 6–12 weeks (longer if certified documents are delayed).
Hypothetical C — Original will lost or contested: Executor files affidavit to prove will or a petition for a lost will. Witness testimony and additional court hearings are likely. This commonly takes several months to a year, depending on scheduling and dispute complexity.
Helpful Hints — make the process faster and smoother
- Locate the original will and certified death certificate before you file. Originals greatly speed the Register’s review.
- Gather contact information for likely heirs and creditors—Registers require notice to interested persons.
- If the decedent lived outside Maryland and owned Maryland real estate, obtain certified probate records from the domiciliary state early; request expedited certified copies if available.
- Check the Register of Wills website for the county where you will file—forms and local procedural requirements differ by county. County Register of Wills offices are listed at the Maryland Courts site: https://www.courts.state.md.us/legalhelp/probate
- Consider hiring a Maryland attorney for ancillary administration or when the will is missing, contested, or the estate owns complex assets. An attorney can help assemble paperwork and reduce repeated filings.
- Keep expectations realistic: even routine estates require administrative steps and statutory notice periods—don’t assume immediate transfer of property.
Disclaimer: This article explains general Maryland probate practice and is for educational purposes only. It is not legal advice. For advice about a specific situation, contact a licensed Maryland attorney or the Register of Wills in the county where you plan to file.