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Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified Maryland probate attorney to discuss the specifics of your case.

Under Maryland law, there is no distinction between “common form” and “solemn form” probate as exists in some other states. Instead, Maryland uses a unified probate process administered by the Register of Wills in each county. Whether you are probating a will or administering an intestate estate (an estate without a valid will), you petition the Register of Wills for a grant of authority—called Letters Testamentary (for a will) or Letters of Administration (without a will). Once issued, these letters empower your personal representative to collect assets, pay debts, and distribute property according to the will or Maryland’s intestacy statutes.

Key Steps in Maryland Probate:

1. Filing the Petition: The personal representative files a Petition for Probate or Administration with the county Register of Wills. (See Md. Code Ann., Est. & Trusts § 4-201 et seq., https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=EST&section=4-201.)
2. Issuance of Letters: Once the Register reviews the petition and confirms the validity of the will (if any), they issue Letters Testamentary or Letters of Administration.
3. Notice and Inventory: The personal representative publishes notice to creditors and files an inventory of estate assets. (See Md. Code Ann., Est. & Trusts § 7-202.)
4. Asset Management and Distribution: The representative collects assets, pays valid claims and taxes, and distributes the remaining property to beneficiaries or heirs under Md. Code Ann., Est. & Trusts § 3-101 et seq.
5. Closing the Estate: After final accounting and approval by the Register, the estate is closed and the representative is discharged.

Unlike states that require a more formal “solemn” probate for high-value estates or contested wills, Maryland’s probate process scales uniformly. Smaller estates may qualify for simplified procedures, such as the Small Estate Affidavit (Md. Code Ann., Est. & Trusts § 7-402), while larger or contested estates proceed under the same statutory framework.

Helpful Hints

• Consult Early: Speak with a probate attorney promptly to determine if you qualify for simplified procedures.
• Gather Documents: Locate the original will, death certificate, and asset records before filing.
• Mind Deadlines: Publish creditor notice and file inventories within the statutory timeframes to avoid personal liability.
• Use Official Forms: Obtain required probate forms from your county Register of Wills website to ensure compliance.
• Keep Records: Maintain detailed records of all transactions, distributions, and communications during the estate administration.