When a person dies, that person (the “decedent”) may or may not have left a will. If the decedent had a will, whoever has or finds the will is required to file the will with the Register of Wills in the county where the decedent lived (or “domiciled”) at the time of death. A will has no power until it has been admitted to probate.
NOTE: If the decedent did not have a will, Maryland law determines how the decedent’s property will pass to the family of the decedent. Learn more about Maryland intestacy law.
In Maryland there are two kinds of probate – Administrative and Judicial. Administrative probate is for uncontested wills and is handled by the Register of Wills. Judicial probate is usually for contested wills and is handled by the Orphans’ Court. The Orphans’ Court is Maryland’s probate court and presides over the administration of estates.
Read the Law: Md. Code, Estates and Trusts §§ 4-202 and 5-102
A petition for probate must be filed with either the appropriate Register of Wills Office or Orphans’ Court. A personal representative for the estate will be appointed to manage the decedent’s estate. The priority for appointing a personal representative is generally:
- anyone named to be the personal representative in the will
- surviving spouses and surviving children if no will exists
- residuary legatees (persons granted the remainder of the estate in the will)
- surviving children if a will exists
- other relatives of the person who died
- decedent’s largest creditor or other people named in the will.
When the register of wills or orphans’ court appoints a personal representative, it grants them letters of administration. Letters of administration empower the representative to distribute the assets in the estate.
Read the Law: Md. Code, Estates and Trusts § 5-104
The personal representative pays the debts of the estate, distributes assets of the estate, reports to the court what they did, and closes the estate. The court rules for estate administration are found in Title 6 of the Maryland Rules.
Read the Law: Md. Code, Estates and Trusts § 10-101 and Title 6 of the Maryland Rules
Assets of the estate are generally distributed in accordance with the will after payment of administration expenses, funeral expenses, inheritance taxes, and other debts of the decedent . If the decedent did not have a will, the decedent’s property will go to the decedent’s relatives (if any) according to Maryland Intestacy Law.
Read the Law: Md. Code, Estates and Trusts §§ 3-101 to 3-112
Estates are either small or regular estates. Small estates are estates that are estates worth $50,000 or less. Regular estates are estates valued at more than $50,000. If the only heir to an estate is a spouse, small estate status extends up to a value of $100,000.
Read the Law: Md. Code, Estates and Trusts § 5-601