Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
In Maryland, determining proper venue means selecting the correct county and court to open or transfer a decedent’s estate. Venue rules ensure all interested parties—heirs, creditors, and the court—can easily participate. Below are the key steps under Maryland law.
1. Primary Venue: Decedent’s Domicile
Maryland law requires you to open the estate in the Orphans’ Court of the county where the decedent was domiciled at death. See Md. Courts & Judicial Proceedings § 6-301. “Domicile” means the decedent’s true, fixed, and permanent home at the time of death.
2. Estates of Nonresidents
If the decedent was not domiciled in Maryland, you may file in any one of these counties (per § 6-303):
- Where the decedent owned Maryland real estate
- Where personal property of the decedent is located
- Where the applicant or a creditor resides
3. Ancillary Administration
When a nonresident decedent owned real property in Maryland, you must open an ancillary estate in the county where that property lies. This ensures local assets are handled under Maryland probate rules.
4. Transferring Venue
If a proceeding has begun in the wrong county, any interested person may petition for transfer. Under Md. C.J. § 6-307, the Orphans’ Court may transfer the case to the proper county upon finding good cause.
5. District Court vs. Orphans’ Court
Maryland District Courts can handle summary probate for small estates (valued under $50,000) per § 4-402. Venue rules remain the same: file in the county of domicile or property location. For larger estates, file in Orphans’ Court.
Helpful Hints
- Gather documentation proving the decedent’s last residence (lease, utility bills).
- Search county land records to locate any Maryland real estate.
- Determine if your estate qualifies for summary administration to save time and fees.
- If you realize venue is incorrect, file a transfer petition promptly under § 6-307.
- Consult a probate attorney if the decedent owned property in multiple counties or states.