Opening Probate
in Maryland

You open probate with the Register of Wills in the county where the person lived at death, not where the property sits or where you live. If your mother lived in Montgomery County and owned a rental in Wicomico County, the estate opens in Montgomery County.

The Montgomery County Register of Wills is at 50 Maryland Avenue, North Tower 3220, Rockville, MD 20850. The phone number is 240-777-9600. Hours are 8:30 a.m. to 4:30 p.m., Monday through Friday. The office recommends an appointment to open an estate.

The Register of Wills runs the paperwork side of probate, and the Orphans’ Court is the judge. The Register appoints Personal Representatives, tracks deadlines, audits accounts, and collects fees and inheritance tax. The Orphans’ Court hears disputes, approves accounts, and rules on commissions and attorney fees. In Montgomery, Howard, and Harford Counties, a Circuit Court judge sits as the Orphans’ Court.

A regular estate opens with the Petition for Administration (Form 1112) and Schedule A (Form 1136), along with the original will if one exists. You also file the Notice of Appointment (Form 1114), a bond form, and written consent from anyone with higher priority to serve. The List of Interested Persons (Form 1104) is due with the petition or within 20 days after appointment.

Administrative probate is the standard path, handled by the Register of Wills without a hearing. Judicial probate goes before the Orphans’ Court when something is in dispute, such as a challenged or damaged will, or when more than one qualified person wants to serve. Judicial probate adds time and cost.

A probate bond is an insurance policy that protects the estate if the Personal Representative mishandles money or property. In a regular Maryland estate, you file one unless the will excuses bond or every interested person signs a waiver. An insurance company must issue the bond. When bond is excused, a nominal bond form is filed instead.

The newspaper notice tells creditors and family members that the estate is open. In a regular estate, the Register of Wills publishes the Notice of Appointment for three weeks in a row in a newspaper you choose. It gives people the chance to object to the appointment or the will, and it tells creditors how to file claims.

A Limited Order lets you open a safe deposit box to find a will, or learn the value of accounts in the deceased person’s name alone. It does not let you move money, sign contracts, or sell property. No Letters of Administration come with it.

Modified Administration is a faster version of a regular estate that replaces the Inventory and Account with one Final Report. The Final Report is due within 10 months of appointment, and distribution is due within 12 months. It is available only when the estate is solvent and every residuary beneficiary is exempt from inheritance tax, such as a spouse or children. The election and all consents are due within three months of appointment.

Yes. Modified Administration ends if an interested person objects in writing, someone requests judicial probate, the Personal Representative withdraws the election, the court revokes it, or the Final Report is late. The estate then converts to a regular estate and needs a full Inventory and Account.

Maryland counts only probate assets, meaning property in the deceased person’s name alone or held as a tenant in common. Each asset is valued at fair market value minus any recorded debt secured by it, such as a mortgage. Example: a house worth $180,000 with a $140,000 mortgage counts as $40,000 toward the $50,000 small estate limit. Other probate assets add to that total.

No. Maryland charges no fee to file a petition to open a small estate.

The Maryland probate fee is based on the gross value of the estate. Per the Montgomery County Register’s 2026 booklet: • $50,000 to $100,000: $100 • $100,000 to $500,000: $200 • $500,000 to $1,000,000: $1,000 • $1,000,000 to $2,500,000: $2,000 • $2,500,000 to $5,000,000: $5,000 Extra charges apply for items like certified copies and additional Letters of Administration. Confirm current fees at registers.maryland.gov.

Request them from the Register of Wills in the county where the estate is open. In Montgomery County, the Records Division handles copies of Letters in regular estates at 240-777-9680. There is a fee per copy. Title companies usually want a recent certified copy at closing, so order extras early.