If you live in Maryland this article is for you. Pour yourself a cup of coffee or tea and read carefully, this is meant for you.  Losing someone you love is hard enough without a court process on top of it. In Maryland, if your family member owned assets in their own name, the estate usually has to be opened with the Register of Wills in the county where they lived. Here is how that plays out in three of the counties we serve most often.

Probate in Maryland Is a County-by-County Process

Estate planning attorney Montgomery County MD Most don't know this, but every Maryland county has a Register of Wills office that accepts estate filings and an Orphans’ Court that decides disputes. The offices are not interchangeable, and local practice varies.

  • Montgomery County. The Register of Wills is at 50 Maryland Avenue, North Tower, in Rockville. Montgomery County has no separately elected Orphans’ Court judges. Circuit Court judges sit as the Orphans’ Court, so contested estate matters are heard by the same bench that handles other civil litigation.
  • Howard County. The Register of Wills is in the Circuit Courthouse at 9250 Judicial Way in Ellicott City. Howard County also uses Circuit Court judges for Orphans’ Court matters.
  • Anne Arundel County. The Register of Wills is at 2011 East Commerce Park Drive in Annapolis, and the county has elected Orphans’ Court judges who hear estate disputes.

PRO TIP: If your estate is likely to be contested, that structural difference can shape how the case is presented and how quickly it moves. You must have an attorney to help you with this as it can have many layers and legal challenges Business and Contracts Lawyer Bethesda, MD. 

Small Estate or Regular Estate

PRO TIP: Maryland sorts estates into two tracks based on the gross value of probate assets.

  • Small estate. Probate assets of $50,000 or less, or $100,000 or less when the surviving spouse is the only heir or legatee. Fewer filings, lower cost, faster closing. A good attorney can help you through this. 
  • Regular estate. Anything above those amounts. This requires full administration, published and mailed notice to creditors, an inventory, and formal accountings.

Deadlines That Catch Families by Surprise

TIME IS OF THE ESSENCE: Once a personal representative is appointed, the clock starts running.

  • Inventory and information report: due within three months of appointment
  • First account: due within nine months of appointment
  • Creditor claims: generally barred after six months from the date of death, and sometimes sooner once notice is mailed
  • Inheritance tax: 10 percent on property passing to nieces, nephews, cousins, and friends. Spouses, children, grandchildren, stepchildren, parents, grandparents, and siblings are exempt.

Missing a filing date can mean personal liability for the representative, so calendar these on day one.

When You Should Call a Probate Attorney

Some estates are simple enough to handle at the counter. Others are not. Call a lawyer if any of these apply.

  • The estate includes real property in more than one jurisdiction, which is common in the Washington region where families own property in Maryland, Virginia, and the District
  • Someone is threatening to challenge the will or the choice of personal representative
  • There is a blended family, a second marriage, or children from a prior relationship
  • The decedent owned a business, rental property, or partnership interest
  • Debts may exceed assets
  • The personal representative lives out of state
  • There is no will at all, so Maryland intestacy rules control who inherits

Local Counsel Who Knows These Courthouses

The Law Office of Brian Gormley in Bethesda has served families in Maryland, Virginia, and the District of Columbia for 25 years. We handle probate and estate administration in Montgomery County, Howard County, and Anne Arundel County, from opening the estate through final distribution, and we step in when a straightforward administration turns into a dispute.

If you are facing probate or are simply trying to figure out whether an estate needs to be opened, we are glad to talk it through with you.