Disclaimer: This article explains general information about probate practice in Maryland. It is not legal advice. For advice about a specific situation, contact a licensed Maryland attorney or your local Register of Wills.
Detailed Answer
Historically, the phrase “probate in common form” describes admitting a will to probate without a formal court hearing when no one contests the will. The court or probate office accepts the will based on the paperwork and testimony or affidavits of witnesses rather than a contested trial. If someone contests the will’s validity or the identity of the witnesses, the estate may go to a contested proceeding sometimes called probate in “solemn form” (a formal hearing or trial where witnesses testify under oath).
Maryland does not use the exact same vocabulary in everyday client-facing materials, but the underlying practice is the same: many wills are admitted to probate through the Register of Wills without a trial when no party objects. When disputes arise, the Orphans’ Court (or the appropriate court) conducts contested proceedings. For general information about probate administration, see the Maryland Judiciary and the Register of Wills resources: https://www.mdcourts.gov.
How the uncontested (common-form) process typically works in Maryland
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Locate the original will and death certificate.
The person named as executor (personal representative) files the original signed will and the death certificate with the Register of Wills in the county where the decedent lived.
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File a petition for probate or for issuance of letters.
The Register’s office provides forms and instructions. If the will appears valid and no one files an objection, the Register issues letters testamentary (if there is a will) or letters of administration (if there is no valid will) that give the personal representative authority to act for the estate.
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Notice and uncontested admission.
Maryland procedure requires giving notice to interested persons and sometimes filing supporting affidavits or witness attestations. If no one contests, the process proceeds administratively and the Register admits the will and issues letters without a formal trial—this is the practical equivalent of a common-form probate.
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Administration.
The personal representative gathers assets, pays debts and taxes, inventories the estate if required, and distributes assets to beneficiaries under the will or under Maryland law if there is no will.
When a contest converts the case to a formal proceeding
If an interested person objects to the will’s validity, to the qualifications of the personal representative, or raises issues such as undue influence or lack of testamentary capacity, the matter may move to a contested hearing in the Orphans’ Court or other appropriate forum. That contested hearing is comparable to what other states call probate in “solemn form” and will generally require testimony, documentary evidence, and court rulings.
Practical differences beneficiaries and executors should know
- Speed: Uncontested (common-form) admissions are usually faster and handled largely at the Register’s office.
- Cost: Contested proceedings cost more in attorney fees and court time.
- Risk: Acting as if the estate is clear before letters are issued can expose a person to liability. Do not distribute assets until you have legal authority (letters) and a clear path under the will or the law.
Where to find Maryland-specific rules and forms
The Maryland Judiciary (Register of Wills offices and Orphans’ Courts) publishes local forms, fee schedules, and procedural steps. For statutes and more detailed law, consult the Maryland General Assembly website for the Estates & Trusts provisions and the Maryland Courts site for Register of Wills guidance: https://mgaleg.maryland.gov and https://www.mdcourts.gov.
Helpful Hints
- Find the original will. Probate offices ordinarily will not accept a photocopy as the operative document.
- Obtain multiple certified copies of the death certificate early. Many banks and agencies will require them.
- Contact the local Register of Wills in the county where the decedent lived to get the correct forms, fee amounts, and filing requirements. Each county office posts procedures and contact information on the Maryland Courts site: https://www.mdcourts.gov.
- Give timely notice to known heirs and beneficiaries. That reduces the chance of surprise contests later.
- Don’t distribute assets until you have letters and have addressed outstanding debts and tax obligations. Early distributions can create personal liability for the representative.
- If someone threatens to contest the will or if you have questions about validity, capacity, or undue influence, get legal advice. Even in uncontested cases, an attorney can help you meet filing requirements and protect the estate.
- Keep thorough records. Inventory assets, keep receipts for estate expenses, and document communications with creditors and beneficiaries.
- If you cannot find a will, the estate will proceed under Maryland’s intestacy rules. The Register of Wills can advise on filing for letters of administration.
For authoritative rules, local forms, and fee schedules, consult the Maryland Judiciary and the Register of Wills: https://www.mdcourts.gov. To review Maryland statutes related to wills and probate, see the Maryland General Assembly website: https://mgaleg.maryland.gov.