Probate Process Maryland: A Step-by-Step Guide for Executors

Most people who become executors have never done it before. You are handed a stack of papers, a list of accounts, and a vague awareness that something called "the Register of Wills" is involved — then you are expected to manage a legal process with strict deadlines, mandatory forms, and real personal liability if you get it wrong.

Maryland probate is highly procedural. Missing a deadline or filing the wrong form can freeze an estate for months. This guide walks you through every stage, in order, so you know what is coming before it arrives.

How Maryland Probate Is Organized

Maryland is unusual in that it runs probate through two separate bodies: the Register of Wills and the Orphans' Court.

The Register of Wills — a county-level office — handles routine, uncontested estate administration. Deputies there help you prepare forms, track filing deadlines, collect fees, and calculate the Maryland inheritance tax. There are 24 local jurisdictions, each with its own elected Register. You file in the county where the decedent was domiciled at death.

The Orphans' Court is the judicial arm. It gets involved when an estate is contested, when someone challenges the validity of the will (a "caveat" proceeding), or when the court needs to resolve disputes between heirs or creditors. Most estates never go near the Orphans' Court.

Step 1: Determine the Estate Type (This Decides Everything)

Before you file a single form, you need to know whether the estate qualifies as a Small Estate or a Regular Estate. This classification controls the forms required, the fees owed, the timelines, and whether you need formal accountings.

The test is based on the gross fair market value of the decedent's probate assets — assets held solely in their name with no named beneficiary and no joint owner with survivorship rights.

• Small Estate: Probate assets are $50,000 or less (or $100,000 or less if the surviving spouse is the sole heir or legatee)
• Regular Estate: Probate assets exceed those thresholds

For Small Estates opened on or after October 1, 2022, the Register of Wills charges zero administrative fees. There is no formal inventory requirement and generally no need to publish a creditor notice in a newspaper, making Small Estate administration substantially faster and cheaper.

Step 2: Gather the Foundational Documents

Before you visit the Register of Wills, collect these:

• Multiple certified death certificates (plan for 8-10; each certified copy costs $25 for the first and $20 for each additional at local health departments, or you can order through VitalChek for a higher fee)
• The original Last Will and Testament plus any codicils
• A rough estimate of the gross value of probate assets
• Your own government-issued photo ID

Maryland law requires the custodian of any document appearing to be the decedent's will to file it "promptly" with the Register of Wills after death — even if the estate has no assets and you do not intend to open administration immediately.

Step 3: Open the Estate at the Register of Wills

File the Petition for Administration (Form RW1112) in the decedent's home county. This form identifies you as the executor or administrator, confirms the decedent's domicile, and formally submits the will to probate.

With the petition, you also file either Schedule A (Form RW1136) for Regular Estates or Schedule B (Form RW1137) for Small Estates, which declare the estimated gross value of the estate and your best estimate of unsecured debts. This initial estimate determines the probate fee and whether the estate starts on the Small or Regular track.

Once the petition is accepted and the required bond is posted, the Register issues Letters of Administration at $1.00 per certified copy. These letters are the legal key to everything: banks, brokerages, the MVA, and the land records office will all require a certified copy before they cooperate with you.

The Bond Requirement

Maryland requires a surety bond to protect creditors and heirs. Your options:

• Nominal Bond (Form RW1116): Used when the will waives the bond requirement, or when all interested persons sign a Waiver of Bond (Form RW1117). Commercial surety companies charge roughly $85 annually for a nominal bond, which covers only inheritance taxes, court costs, and known debts.
• Full Bond (Form RW1115): Required if the will has no waiver and not everyone signs a waiver. The premium is based on the probable maximum value of the estate's personal property and is a significant expense — though it is chargeable to the estate as an administrative cost.

For Small Estates valued at $10,000 or less after allowances and debts, no bond is required at all.

Step 4: Notify Interested Persons and Creditors (Regular Estates)

Within 20 days of appointment, file a List of Interested Persons (Form RW1104) listing all heirs at law and all legatees named in the will — including anyone the will explicitly disinherits. They must be listed because they have the legal right to challenge the will.

For Regular Estates, the Register of Wills coordinates the publication of a Notice to Creditors in a local newspaper once a week for three consecutive weeks. Publication fees range from $50 to over $200 depending on the county. You must also mail direct written notice to all known creditors.

Step 5: File the Inventory and Information Report (Regular Estates — 3-Month Deadline)

Within 3 months of appointment, the Personal Representative of a Regular Estate must file:

• Inventory (Forms RW1122 and RW1123): A detailed schedule of all probate assets classified by type — real property, leasehold, tangible personal property, stocks, and bonds. Every item must reflect fair market value as of the date of death. Non-cash assets like jewelry, art, or a business interest require a formal appraisal by a qualified, disinterested appraiser.
• Information Report: A separate document listing specific non-probate assets (jointly held accounts, payable-on-death designations, assets in revocable trusts). These do not go through probate, but the Register of Wills needs them to assess whether the Maryland inheritance tax applies to collateral heirs.

This distinction matters: the Inventory covers what goes through probate; the Information Report covers what passed outside probate but may still be taxable.

Step 6: Consider Modified Administration (3-Month Election Window)

If you qualify, electing Modified Administration is one of the most valuable time-saving moves available in Maryland probate.

To qualify, three things must be true:

1. All residuary legatees (or heirs, if there is no will) are either the Personal Representative themselves or are fully exempt from the Maryland inheritance tax (spouses, children, grandchildren, parents, siblings)
2. The estate is solvent — enough assets exist to pay all debts, taxes, and specific bequests
3. You file the Election for Modified Administration (Form RW1141) and obtain signed Consents (Form RW1142) from all qualifying residuary legatees within exactly 3 months of appointment

If approved, Modified Administration eliminates the formal Inventory and all interim accountings. You file one single Final Report (Form RW1143) within 10 months of appointment and complete distribution within 12 months. For a solvent estate passing entirely to exempt family members, this is a substantial reduction in paperwork and court supervision.

Step 7: Handle the Creditor Claims Period

General creditors must present claims on or before the earlier of:

• Six months from the date of the decedent's death, or
• Two months after the Personal Representative directly mails a notice to that creditor

If you formally disallow a claim, the creditor has 60 days to petition the court for an allowance.

One important anomaly: the Maryland Department of Health has the right to file Medicaid Estate Recovery claims against estates where the decedent was over 55 and received Medicaid long-term care benefits. Their 6-month deadline runs from the date of the third and final newspaper publication, not the date of death. However, Medicaid cannot recover if the decedent is survived by a spouse, a child under 21, or a child who is blind or totally disabled.

Step 8: File the First Account (Regular Estates — 9-Month Deadline)

For Regular Estates not using Modified Administration, the Initial Account is due within 9 months of appointment. This is a meticulous financial reconciliation: it opens with the inventory value, adds all income received during administration, deducts approved disbursements, and details proposed distributions. If the estate cannot close after the Initial Account, subsequent accounts must be filed every 6 months until distribution is complete.

Step 9: Handle Taxes

Maryland inheritance tax: A flat 10% applies to property inherited by non-exempt beneficiaries (nieces, nephews, cousins, unmarried partners, friends). Spouses, children, grandchildren, parents, and siblings are fully exempt. The tax is paid to the Register of Wills and applies to both probate and non-probate assets.

Maryland estate tax: Maryland's exemption sits at $5 million per individual — entirely separate from the federal exemption (now $15 million under the 2026 federal legislation). If the gross estate exceeds $5 million, the Personal Representative must file Form MET-1 with the Comptroller of Maryland within 9 months of death. This is a significant planning gap: an estate of $8 million owes no federal estate tax but faces Maryland estate tax on $3 million at graduated rates up to 16%.

Step 10: Distribute the Estate and Close

Distribution can begin once all debts, taxes, and administrative costs are paid and court approval is obtained for the accounting. For Modified Administration, there is no statutory waiting period after the Final Report is filed; distribution can happen within 12 months of appointment.

Maryland's probate fee schedule for estates opened after October 1, 2022:

A Note on When You Need Legal Help

Register of Wills deputies are legally prohibited from providing legal or tax advice — they can tell you which form to file and what fee is owed, but not whether to elect Modified Administration or how to handle a contested creditor claim. For straightforward, solvent, uncontested estates qualifying for Small Estate or Modified Administration, most executors manage the process without an attorney. For anything involving the $5 million estate tax threshold, contested claims, or hostile family dynamics, engage legal counsel early.

The Maryland Probate Process Guide provides step-by-step checklists, deadline calendars, and plain-English form instructions for every stage covered here — built specifically for executors navigating Maryland's dual-court system without a law degree.

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