How Long Does Probate Take in Montgomery County, MD?

A small estate (under $50,000, or $100,000 if a spouse is the sole heir) usually closes in 2 to 4 months in Montgomery County. A regular estate takes 9 to 12 months in most cases, sometimes up to 18, because Maryland law gives creditors 6 months from the date of death to file a claim before the estate can close.

That is the short answer. Here is the filing timeline that actually drives it.

The Montgomery County Register of Wills: Where This Happens

Montgomery County probate is filed through the Register of Wills, which also serves as Clerk to the Orphans' Court.

• Office: 50 Maryland Avenue, North Tower, Room 3220, Rockville, MD 20850
• Phone: (240) 777-9600 (toll free in Maryland: 1-888-892-2180)
• Hours: Monday through Friday, 8:30 AM to 4:30 PM
• Drop box and mail submissions are accepted and encouraged for faster processing

One detail that does not show up in most guides: Montgomery County is one of only three Maryland counties (along with Harford and Howard) where a sitting Circuit Court judge acts as the Orphans' Court judge, instead of an elected Orphans' Court judge. If your estate ends up in a contested hearing, you are in front of a Circuit Court judge, not a dedicated probate judge. Worth knowing before you assume how a dispute will play out.

The Actual Filing Timeline

Within 20 days of appointment. The personal representative must file a List of Interested Persons with the Register of Wills. This lists every heir and beneficiary by name and address.

Within 60 days of appointment. The personal representative must file the estate Inventory, listing every asset and its value. Filing fee: $2.50 per page.

Ongoing, three consecutive weeks. Notice of the estate must be published once a week for three successive weeks in a local paper (commonly the Montgomery Sentinel or the Daily Record). The Register of Wills typically arranges this publication once the estate is opened.

Six months from the date of death. This is the creditor claim window. Creditors have six months to file a claim against the estate. The estate generally cannot close until this window has passed, which is the single biggest reason a straightforward regular estate still takes 9 to 12 months even when every heir agrees and the paperwork is clean.

Filing fees. Range from $50 for small estates up to $2,500 or more for estates over $5 million. Proof of Claim filings run $1.50 each.

Can You Sell the House Before Probate Closes?

Yes. The personal representative can list and sell the property once they have received Letters of Administration from the court, which typically happens early in the process, well before the six-month creditor window closes. You do not have to wait for the full estate to close to list the home. If the will includes a power-of-sale clause, this moves even faster. Without one, the court can still grant permission on petition.

This is the part families get wrong most often. They assume nothing can happen with the house until probate is fully settled, and the home sits vacant for months, accumulating insurance risk, deferred maintenance, and carrying costs that come straight out of the estate. Getting the Letters of Administration in hand and starting the listing process in parallel with the rest of probate is what actually protects the estate's value. For a deeper dive, read our complete guide to Maryland probate timelines.

What This Looks Like in a Real Montgomery County Case

Cashell Estates, the Estate of Eileen H. Eshleman, is a case worth knowing if you are weighing a cash offer against listing on the open market. The estate had cash offers on the table in the $190,000 to $235,000 range. Instead, the personal representative invested roughly $70,000 in renovation and staging, and the property sold for $473,500. That is not a guaranteed outcome for every estate. Condition, location, and timeline all matter. But it is a real number from a real Montgomery County probate sale, not a national average.

Related Questions

How much does it cost to open an estate in Montgomery County?

Filing fees start at $50 for small estates and scale up to $2,500 or more for estates over $5 million, before adding publication and inventory filing costs. See our full cost breakdown of probate for more details.

What if the estate is worth less than $50,000?

It qualifies for Small Estate Administration, a faster track that typically closes in 2 to 4 months instead of 9 to 12.

Do you need an attorney to file probate in Montgomery County?

Maryland does not require one. The Register of Wills staff can help with forms but cannot give legal advice. Most personal representatives handling a straightforward estate work directly with the Register of Wills office; contested estates or multiple out-of-state heirs are where an attorney earns their fee. Read our guide on choosing a probate attorney for more insight.

Does Montgomery County move faster or slower than other Maryland counties?

The filing deadlines (20 days, 60 days, 6-month creditor window) are set by Maryland state law and apply the same way statewide. What varies by county is processing speed at the Register of Wills office itself and Orphans' Court scheduling. Montgomery County's office is generally regarded as efficient, provided the paperwork is filed correctly the first time.

Get Multiple Offers on the Property Within Minutes

If you are a personal representative in Montgomery County weighing a fast cash sale against listing on the open market, get multiple offers on the property within minutes and see the real numbers before you decide.

About Marc Cormier

Marc Cormier is a licensed real estate professional with Berkshire Hathaway HomeServices PenFed Realty, based in Montgomery County, Maryland. He has 27 years of experience and has sold close to 1,000 homes, with a focus on probate, distressed properties, bankruptcy trustee sales, and downsizing for families across Maryland, DC, and Northern Virginia. He is the author of an Amazon best-selling book on probate real estate and holds the SRES (Seniors Real Estate Specialist) designation.

Disclaimer

This article provides general information about the Montgomery County probate process and is not legal advice. Consult a probate attorney for guidance specific to your estate.