How to locate, review, and correct probate filings in Maryland
Short answer: Start by obtaining the probate case file from the county Register of Wills and the Orphans’ Court, carefully compare the court filings to the estate’s records, then try an informal correction with the personal representative. If that fails, you can ask the Orphans’ Court to compel inventory or accounting, file exceptions to accountings, or petition for other relief (for example, removal of the personal representative or surcharge). Act quickly — probate issues have time limits and courts expect prompt challenges.
Not legal advice: this article explains Maryland probate procedures for educational purposes only. Consult a Maryland probate attorney or the Register of Wills for advice tailored to your situation.
Detailed answer — step‑by‑step
1. Gather the basic information
- Get the decedent’s full legal name, date of death, and the county where the estate was opened. That lets you locate the correct Register of Wills and Orphans’ Court file.
2. Obtain the probate file and docket
- Contact the county Register of Wills to request the probate file, docket entries, and any recorded pleadings. Some counties provide online case searches; others require an in‑person or written request. Maryland Registers of Wills: https://registers.maryland.gov/Pages/default.aspx
- Check the Orphans’ Court for related filings and orders. The Orphans’ Court supervises probate estate accounting and disputes in Maryland: https://www.mdcourts.gov/orphanscourt
- Use the Maryland Courts probate guide for basics on what documents to expect: https://www.mdcourts.gov/legalhelp/guideprobate
3. Know the key documents to review
- Petition for probate or administration (initial filing).
- Will (if admitted) and Letters Testamentary or Letters of Administration (granting authority to the personal representative).
- Inventory or list of estate assets.
- Accountings filed by the personal representative (interim or final); receipts and vouchers supporting distributions.
- Bond (if required), waivers, creditor notices, and any court orders.
4. Identify the types of missing or incorrect filings
- Missing inventory, missing or late accountings, or failure to file a final account.
- Errors in asset lists (omitted bank accounts, real property, or titled assets).
- Incorrect beneficiary or distribution entries, calculation or math errors, or misapplied receipts.
- Missing creditor notices or failure to publish required notices.
5. Try informal resolution first
- Contact the personal representative in writing. Request the missing document or a corrected filing and give a reasonable deadline. Attach documents that show the missing or incorrect asset if you have them (bank statements, deeds, appraisals).
- Many errors are administrative and resolved by filing an amended inventory or supplemental accounting. Keep copies of all communications.
6. Use court procedures if informal steps fail
- Petition the Orphans’ Court to compel an inventory or an accounting if the personal representative refuses. Orphans’ Courts oversee estate accountings and have authority to require accurate filings. See Orphans’ Court information: https://www.mdcourts.gov/orphanscourt
- File exceptions to an accounting. If an accounting has been filed and you believe it is incorrect, you can file exceptions asking the court to review and correct the account.
- Seek removal of the personal representative for failure to perform duties or for breach of fiduciary duty. The court can remove and appoint a successor when warranted.
- Seek surcharge or other remedies if mismanagement or improper distributions caused loss to the estate.
- In some cases you may ask the court to reopen probate or set aside an admission of a will if there are grounds (fraud, forgery, lack of capacity, lack of notice). These are fact‑specific motions best handled with counsel.
7. Evidence and what to bring to the court
- Certified copies of bank statements, deeds, title reports, insurance policies, bills of sale, and communications with the personal representative.
- Copies of any filed probate documents showing the alleged errors or omissions.
- Affidavits from witnesses, appraisals, or expert reports if asset valuation is disputed.
8. Timing and deadlines
- Deadlines vary by the type of action and by county practice. Some remedies must be sought within short periods after notices or filings; others depend on when the error is discovered. Do not delay — waiting can reduce available remedies.
- Contact the Register of Wills or the Orphans’ Court clerk in the county where the estate is being administered to learn specific local procedures and filing deadlines.
9. Statutory and court resources
- Maryland’s probate and fiduciary rules are part of the Maryland Code, Estates & Trusts. See the Estates & Trusts Article for statutory authority: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=ets
- Maryland Registers of Wills (county offices) — where probate petitions and some probate records are maintained: https://registers.maryland.gov/Pages/default.aspx
- Orphans’ Court (procedures and contact points): https://www.mdcourts.gov/orphanscourt
Helpful hints
- Start by getting certified copies of the full probate file. You cannot fix what you cannot see.
- Keep a written record of all requests and conversations with the personal representative and court staff.
- Ask the Register of Wills how to request an inventory or accounting and the local format for exceptions or petitions — counties vary.
- If you are a beneficiary or creditor, note your standing in the estate; that gives you the right to ask the court for relief.
- Preserve evidence of assets you believe are missing (bank statements, deeds, title searches, life insurance beneficiary designations).
- Carefully read any accountings and include specific, written exceptions — vague complaints are less effective in court.
- Consider mediation or settlement conferences if the dispute is factual but narrow; courts often encourage settlement to save estate resources.
- When money, title, or complex tax issues are at stake, consult an experienced Maryland probate attorney early. Small mistakes in procedure can limit your remedies.
Next steps
1) Contact the county Register of Wills for the probate file. 2) Review the files and identify the specific missing or incorrect items. 3) Attempt an informal resolution with the personal representative. 4) If needed, file the appropriate petition or exceptions with the Orphans’ Court. If you have questions about court forms or complex legal issues, talk to a probate attorney in Maryland.
Resources
- Maryland Registers of Wills: https://registers.maryland.gov/Pages/default.aspx
- Orphans’ Court information and local contacts: https://www.mdcourts.gov/orphanscourt
- Maryland Courts probate guide: https://www.mdcourts.gov/legalhelp/guideprobate
- Maryland Code, Estates & Trusts Article: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=ets
Disclaimer: This is general information and not legal advice. For help applying Maryland law to your specific situation, consult a licensed Maryland probate attorney or your local Register of Wills.