Opening Probate in Maryland from Another State: A Practical FAQ

Disclaimer: This is general information and not legal advice. For guidance on your specific situation, consult a licensed Maryland attorney or the county Register of Wills.

Detailed answer: how to start probate in Maryland when you live out of state

If your sibling lived in Maryland when they died, the probate process generally begins in the county where your sibling was domiciled. You can start probate from another state. The county Register of Wills handles opening decedent estates, appointing a personal representative (executor or administrator), and issuing the letters that let that representative act for the estate.

Step-by-step overview

1. Confirm the proper county. Probate is opened in the county where the decedent was legally domiciled (their permanent home). If you are not certain which county, check the decedent’s last address, driver’s license, voter registration, or ask relatives.
2. Locate the original will (if any). Maryland courts usually require the original signed will when you file for probate. If a will exists, file it with the Register of Wills in the appropriate county. If no will exists, the court handles the estate under Maryland’s intestacy rules and will appoint an administrator.
3. Contact the county Register of Wills. Each Maryland county’s Register of Wills runs probate. Registers can explain local filing requirements, fees, and whether you can mail or electronically file documents. Start here for general contacts and forms: https://www.mdcourts.gov/registers
4. Prepare required documents. Typical materials: original will (if any), certified copy of the death certificate, a petition or application to open probate, an inventory or schedule of known assets, and a statement of heirs. The Register’s office can provide the exact form list for that county. See the Maryland Decedent Estates Guide for details and common forms: https://www.mdcourts.gov/sites/default/files/import/registers/pdfs/decedentestatesguide.pdf
5. File the petition and pay fees. You may be able to file by mail. The Register will review the paperwork, admit the will to probate (if present), and appoint a personal representative. Once appointed, the Register issues letters (often called Letters Testamentary or Letters of Administration) that banks and third parties use to identify the estate representative.
6. Nonresident personal representatives and bonds. Maryland allows someone who lives outside Maryland to serve as personal representative. However, the court or Register may require a surety bond, especially if the will does not expressly waive bond or if the representative lives out of state. The Register’s office will tell you whether bond applies and how to obtain it (insurance companies/sureties can issue bonds).
7. Act as representative or hire local counsel. From out of state you can gather assets, pay debts, and distribute property once you have Letters. Because banks, title companies, and Maryland tax issues can be local and require in-person notarizations or court filings, many out-of-state representatives either hire a Maryland attorney or authorize a Maryland-based agent for some tasks.
8. Complete the estate administration steps. Typical duties include collecting assets, notifying creditors, paying valid claims and taxes, filing any required inventories or accountings with the Register or court, and distributing remaining property to beneficiaries. Timelines vary based on asset types, creditor claims, and whether the estate is simple or complex.

Where to find rules and forms

• Maryland Register of Wills main page and county contacts: https://www.mdcourts.gov/registers
• Maryland Decedent Estates Guide (practical checklist and sample forms): https://www.mdcourts.gov/sites/default/files/import/registers/pdfs/decedentestatesguide.pdf
• Maryland Courts general site (probate information and links to local offices): https://www.mdcourts.gov

Common situations and quick answers

My sibling left a will — do I still need to open probate?

Yes, if the will names a personal representative and there are probate assets (bank accounts titled in the decedent’s name, real property solely in their name, etc.), the will generally must be filed and admitted to probate so the representative can act formally.

My sibling had only small accounts or joint accounts. Do I need probate?

Some assets pass outside probate (joint accounts, accounts with payable-on-death designations, certain small estate rules). Maryland has processes for small estates and collection without full formal probate in some cases. Contact the county Register for thresholds and instructions or review the Decedent Estates Guide above.

I live in another state. Can I be appointed personal representative?

Yes. Non‑Maryland residents can serve. Expect the Register to tell you whether a bond is required or whether you should appoint a Maryland agent or attorney to handle in-state tasks.

Practical timeline and expectations

Time to appointment: from a few days to several weeks after filing, depending on the Register’s workload and whether the filing is complete. Full administration: a few months for a simple estate; a year or longer for complex estates, tax issues, or contested matters. If creditors or disputes arise, timelines lengthen.

Helpful Hints

• Contact the Register of Wills in the county where the decedent lived before preparing documents. Local staff can confirm exact forms and fees.
• Keep the original will safe. Do not sign it after the decedent’s death; submit the original to the Register when you file.
• Obtain several certified death certificates early — banks and agencies usually require them.
• Ask whether the Register accepts mailed filings and whether in-person appearance is ever required.
• If a bond is required and you cannot obtain affordable surety, consider hiring a Maryland attorney who can serve or help secure bond alternatives.
• Gather documents that prove your relationship to the decedent (birth certificates, family records) in case the Register requests them.
• Get multiple certified copies of Letters of Administration/Testamentary once issued — third parties commonly request originals or certified copies.
• Consider hiring a Maryland probate attorney if the estate includes real property in Maryland, out-of-state assets, tax issues, or if heirs contest the will.
• Budget for filing fees, probate bond costs (if required), publication or notice costs, and possible attorney fees.

If you are unsure which county to file in, or if your sibling died owning property in another state, start by calling the Maryland county Register of Wills where the decedent last lived. They can advise you on next steps and on whether you can complete filings by mail or need local representation.

Again, this document is informational only and does not replace legal advice. For help with specific filings, deadlines, or contested matters, consult a Maryland-licensed probate attorney or contact the Register of Wills for the county involved.