Maryland — How to Submit an Original Will to Probate from Out of State

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

How to submit an original will to probate in Maryland when you live out of state — FAQ

Short answer

If the decedent lived in Maryland when they died, you should submit the original will to the Register of Wills in the Maryland county where the decedent was domiciled. If you live out of state you can usually mail the original will and required documents, or hire a Maryland attorney to file and qualify you as the personal representative. Contact the appropriate Register of Wills office first to confirm the county’s filing procedures, required forms, and fees.

Detailed answer — step‑by‑step under Maryland practice

Below is a practical roadmap. This explains typical Maryland practice and links to official Maryland Court resources. This is educational only and not legal advice.

1. Confirm the correct Maryland county

Probate is handled at the county level in Maryland (Register of Wills and the Orphans’ Court for that county). You must submit the original will to the Register of Wills in the county where the decedent was domiciled (their principal residence) at death. If you are unsure which county, check the decedent’s last address on records such as mail, driver’s license, or voter registration.

2. Contact the county Register of Wills first

Every county’s Register of Wills has slightly different submission logistics and fee amounts. Contact the county office (telephone or email) or its website page on the Maryland Courts site to confirm the exact documents they require and where to send them.

General Register of Wills information: https://www.mdcourts.gov/register

3. Typical documents to include with the original will

  • The original will (do not sign or alter it).
  • A certified copy of the decedent’s death certificate (many Registers require a certified copy before opening probate).
  • A completed application or petition for probate/appointment if you plan to serve as the personal representative. (Forms and instructions are on the Register of Wills site for each county.)
  • A cover letter with the decedent’s full name, date of death, last Maryland address, your name and contact information, and whether you are the nominated personal representative named in the will.
  • Payment for filing fees (confirm exact fee and acceptable payment methods with the Register of Wills).

Maryland Register of Wills forms and instructions (general): https://www.mdcourts.gov/register/forms

4. Safe mailing and chain of custody

Because the original will is critical, use a reliable, trackable method (e.g., overnight courier with signature required).

Before mailing, ask the Register of Wills whether they will accept the original by mail and whether they can confirm receipt or provide a filing receipt. Keep certified copies/backups of the will and all paperwork for your records.

5. If you are the personal representative but live out of state

Living outside Maryland usually does not prevent you from being appointed as the personal representative (executor). You must follow the county’s qualification process. Typical points:

  • You may need to sign an oath and may need to appear in person to be sworn in, although many Registers allow an attorney to qualify you remotely or accept an oath administered by a notary followed by submission of the notarized oath — confirm the county’s practice.
  • If required to appear, consider hiring a local Maryland attorney to qualify as the personal representative on your behalf. An attorney can file paperwork, take the oath, and obtain Letters of Administration or Probate so the estate can be administered while you remain out of state.

6. Self‑proving wills and witness affidavits

If the will includes a self‑proving affidavit (attested by the witnesses and notarized at the time the will was signed), the probate office often accepts it without contacting witnesses, which speeds the process. If the will is not self‑proving, Maryland practice may require testimony or proof of validity from witnesses in some cases; the Register will advise how to proceed.

7. When the original will is located out of state

If the original will is physically in another state, you still submit it to the Maryland county Register of Wills where the decedent was domiciled. Follow the same secure mailing steps above. If a local attorney or friend holds the original, have them forward it with tracking or bring it to the Maryland Register of Wills.

8. Next steps after submission

After the Register receives the original will and required documents, they will usually:

  • Open a probate file and provide a file or case number.
  • Issue a receipt for the original will (ask for one if not automatic).
  • Provide instructions about qualifying as personal representative and any Orphans’ Court appearance or filings required.

9. When to hire a Maryland attorney

Consider hiring a Maryland probate attorney if:

  • You cannot travel for any required personal appearances and the county will not accept remote qualification.
  • The estate is complex, if there are questions about the will’s validity, or if there are likely to be disputes among heirs.
  • You want someone to handle filings, communications with the Register of Wills, and to obtain Letters of Administration/Letters Testamentary on your behalf.

Official Maryland resources

Maryland probate practice is governed by the Maryland Code (Estates & Trusts) and county procedures; for process specifics consult the Register of Wills office for the appropriate county and consider a Maryland probate attorney for guidance.

Helpful Hints

  • Do not staple or alter the original will — submit it intact.
  • Call the county Register of Wills before sending anything — every office has its preferred intake procedure and fee schedule.
  • Include a certified copy of the death certificate when possible; many Registers will not begin probate paperwork without it.
  • Send the will by a tracked courier with adult signature required, and keep a scanned copy for your files.
  • If you are named executor but cannot travel, hire a local Maryland attorney to qualify you and obtain the letters needed to manage estate assets.
  • If witnesses may be needed, locate them early — or check whether the will is self‑proving which may eliminate that step.
  • Ask the Register for an official receipt when they receive the original will and for an estimate of timeline to appointment.

Disclaimer

This article explains general Maryland process for submitting an original will to probate from out of state. It is educational only and not legal advice. For guidance tied to your situation contact the county Register of Wills where the decedent lived or consult a Maryland probate attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.