Understanding Where to Open Probate — Maryland FAQ

Disclaimer: I am not a lawyer. This article explains general principles of Maryland probate law to help you decide whether to open probate in another state. This is educational information and not legal advice. Consult a licensed attorney in the relevant states before acting.

Detailed Answer — How Maryland law treats probate when a person dies in one state but lived in another

Short answer: Under typical legal rules, probate normally starts in the decedent’s domicile (the state where they had a permanent home). If the person who died owned real property in Maryland, you may also need a separate (ancillary) probate or an estate action in Maryland to transfer that property. If the decedent’s domicile was in another state, Maryland courts usually will not act as the primary probate forum unless property located in Maryland requires administration here.

Why that matters: Probate serves two main jobs — (1) transfer of ownership of property that was solely in the decedent’s name, and (2) paying creditors. Courts look to the decedent’s domicile (their permanent residence) to decide which state has primary authority. The state where the decedent died may or may not be the decedent’s domicile.

Key Maryland rules and official resources

• Maryland Courts describe probate and estate administration processes and forms on the Maryland Judiciary website: https://www.mdcourts.gov/selfhelp/wills.
• Maryland court procedural rules for decedents’ estates are in the Maryland Rules, Title 10 (Decedents’ Estates): https://mdcourts.gov/rules/title10. These rules explain appointment of personal representatives and ancillary procedures.
• For Maryland statutory law (Estates & Trusts), the Maryland General Assembly’s laws site is a starting point: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText. Use the site to search the Estates and Trusts articles that apply to administration and personal representatives.

When to open probate where the deceased was domiciled (the usual primary probate)

If the parent was legally domiciled in State A (their permanent home) at the time of death, the estate’s main probate proceeding typically occurs in State A. That court appoints the executor or personal representative who has broad power to gather assets, pay debts, and distribute property according to the will or law of intestacy.

When an estate needs probate in Maryland (ancillary probate)

If the decedent owned real property or other assets located in Maryland (for example, land, a Maryland deeded home, or sometimes certain bank accounts titled in Maryland), you or the appointed personal representative might need to open an ancillary estate or ancillary probate in Maryland so that title can be cleared and the Maryland asset(s) can be transferred. Ancillary probate is normally limited to the property located in the state and follows local rules and timelines.

If the decedent died in one state but lived (was domiciled) in another — practical steps

1. Determine domicile. Look at the decedent’s intent and facts: where they voted, paid state income tax, household address, driver’s license, where they spent most of their time, and where they considered their permanent home. Domicile determines the primary probate forum.
2. Open probate in the domiciliary state first. The personal representative appointed there can act on behalf of the whole estate and often will handle most administration tasks.
3. Open ancillary probate in Maryland only if Maryland-located assets need local court action or to clear title to Maryland real estate. The ancillary probate is typically limited to administering those Maryland assets.
4. Coordinate representatives. The primary personal representative (from the domiciliary state) usually provides certified letters testamentary or letters of administration to present in Maryland so the Maryland court recognizes their authority. Maryland courts accept foreign letters under local rules and the Uniform Acts that many states follow.

Examples (hypothetical facts to illustrate)

Example A: Your parent died in Virginia but maintained a permanent home and driver’s license in North Carolina. Their bank accounts and house were all in North Carolina and their will names an executor there. Under those facts, probate would normally be opened in North Carolina (the domicile). If they also owned a vacation condo in Maryland, you would likely need an ancillary probate in Maryland limited to that condo to transfer title.

Example B: Your parent died in another state but had been living and paying taxes in Maryland for a year before death and considered Maryland their home. In that situation Maryland would likely be the domiciliary state and you would open primary probate in Maryland.

Practical consequences and costs

• Primary probate usually governs creditor claims and overall distribution. Ancillary probate focuses on local assets and can add time and cost (additional filings, local counsel, court fees, and possibly bond requirements).
• Some assets avoid probate entirely (joint tenancy, payable-on-death accounts, insurance with named beneficiaries, and assets held in a trust). Review asset titles before opening multiple probates — it may avoid unnecessary filings.

Helpful Hints

• Start by locating the death certificate and any will. The certified death certificate will be required for probate filings in any state.
• Gather documents showing domicile (tax returns, voter registration, utility bills, driver’s license, lease or deed) to prove where primary probate should be opened.
• If the decedent owned Maryland real estate, plan for an ancillary proceeding in Maryland even if the main estate is opened elsewhere.
• Request certified letters testamentary or letters of administration from the primary probate court — most Maryland courts will accept those to permit out-of-state representatives to act locally.
• Consult a Maryland probate attorney if you have Maryland-located property or if the estate involves multiple states. Ask whether ancillary probate or a simpler affidavit procedure is available for small-value Maryland assets.
• Look for Maryland self-help materials and forms before filing: https://www.mdcourts.gov/selfhelp/wills
• Keep records of all communications with banks, title companies, and the courts. That speeds transfers and reduces disputes.

If you want, provide a few short facts (where the decedent was domiciled, what property they owned and where) and I can outline the likely next steps and documents you’ll need under Maryland practice. For binding legal advice, contact a licensed attorney in the relevant states.