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The End of Life Plannerby Valoren

General information · not a substitute for the advice of an attorney.

Free · general informationMaryland

Probate in Maryland

What Maryland’s own law and courts say about probate, from how an estate comes before the court to when creditors must claim. Nothing on this page decides whether a particular estate needs probate. That question belongs to the court, or to an attorney in Maryland.

  • Every fact dated, in the official words
  • Each state’s own law

Every quotation checked October 24, 2026

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Every quotation on this page is the official body’s own words, as they stood on the day we read them. The date is beside each one.

Administrative probate: what it is, and the petition filed before the register

Administrative probate is a proceeding instituted by the filing of a petition for probate by an interested person before the register for the probate of a will or a determination of the intestacy of the decedent, and for the appointment of a personal representative.

Maryland · general information · checked October 24, 2026 · Md. Code, Est. & Trusts §5-301(a)

Judicial probate: the petition filed with the court, and who may file it

(1) The filing of a petition for probate by an interested person, or creditor, with the court for the probate of a will

Maryland · general information · checked October 24, 2026 · Md. Code, Est. & Trusts §5-401(a)(1)

A regular estate: the value that makes one, the bond, the newspaper publication and the original will

when the property of the decedent subject to administration in Maryland has a value in excess of $50,000 (in excess of $100,000 if spouse is sole heir or legatee). Either a Nominal Bond or Personal Representative Bond and newspaper publication are required in every regular estate.

The original Will is needed unless it cannot be located

Maryland · general information · checked October 24, 2026 · Registers of Wills

When a creditor’s claim is barred, and the two dates that decide it

is forever barred against the estate, the personal representative, and the heirs and legatees, unless presented within the earlier of the following dates:

(1) 6 months after the date of the decedent’s death; or

(2) 2 months after the personal representative mails or otherwise delivers to the creditor a copy of a notice

Maryland · general information · checked October 24, 2026 · Md. Code, Est. & Trusts §8-103(a)

What the person holding the will must do after the death, and the liability for refusing

(b) (1) After the death of a testator, a person having custody of the testator’s will shall deliver the will to the register for the county in which administration should be had pursuant to § 5–103 of this article.

(c) A custodian who willfully fails or refuses to deliver a will as required under this section is liable to a person aggrieved for the damages sustained by reason of the failure or refusal.

Maryland · general information · checked October 24, 2026 · Md. Code, Est. & Trusts §4-203(b)(1), (c)

Depositing a will with the register during life: who may, in which county, and the receipt

(i) By the testator, or by the testator’s agent, with the register of the county in which the testator resides; or

(2) The register shall give a receipt for the will, on the payment of the required fee.

Maryland · general information · checked October 24, 2026 · Md. Code, Est. & Trusts §4-202(a)

The register’s fee for filing a will for safekeeping

Filing a Will for Safekeeping $5.00

Maryland · general information · checked October 24, 2026 · Registers of Wills fee schedule

The same page for other states

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FAQ

Common questions

Administrative probate is a proceeding instituted by the filing of a petition for probate by an interested person before the register for the probate of a will or a determination of the intestacy of the decedent, and for the appointment of a personal representative.

Maryland · general information · checked October 24, 2026 · Md. Code, Est. & Trusts §5-301(a)

(1) The filing of a petition for probate by an interested person, or creditor, with the court for the probate of a will

Maryland · general information · checked October 24, 2026 · Md. Code, Est. & Trusts §5-401(a)(1)

(i) Conduct judicial probate;

Maryland · general information · checked October 24, 2026 · Md. Code, Est. & Trusts §2-102(a)(1)(i)

The venue for administrative or judicial probate is in the county in which the decedent was domiciled at the time of death

Maryland · general information · checked October 24, 2026 · Md. Code, Est. & Trusts §5-103(a)

Administrative probate is a proceeding instituted by the filing of a petition for probate by an interested person before the register for the probate of a will or a determination of the intestacy of the decedent, and for the appointment of a personal representative.

Maryland · general information · checked October 24, 2026 · Md. Code, Est. & Trusts §5-301(a)

when the property of the decedent subject to administration in Maryland has a value in excess of $50,000 (in excess of $100,000 if spouse is sole heir or legatee). Either a Nominal Bond or Personal Representative Bond and newspaper publication are required in every regular estate.

The original Will is needed unless it cannot be located

Maryland · general information · checked October 24, 2026 · Registers of Wills

is forever barred against the estate, the personal representative, and the heirs and legatees, unless presented within the earlier of the following dates:

(1) 6 months after the date of the decedent’s death; or

(2) 2 months after the personal representative mails or otherwise delivers to the creditor a copy of a notice

Maryland · general information · checked October 24, 2026 · Md. Code, Est. & Trusts §8-103(a)

(b) (1) After the death of a testator, a person having custody of the testator’s will shall deliver the will to the register for the county in which administration should be had pursuant to § 5–103 of this article.

(c) A custodian who willfully fails or refuses to deliver a will as required under this section is liable to a person aggrieved for the damages sustained by reason of the failure or refusal.

Maryland · general information · checked October 24, 2026 · Md. Code, Est. & Trusts §4-203(b)(1), (c)

(i) By the testator, or by the testator’s agent, with the register of the county in which the testator resides; or

(2) The register shall give a receipt for the will, on the payment of the required fee.

Maryland · general information · checked October 24, 2026 · Md. Code, Est. & Trusts §4-202(a)

Filing a Will for Safekeeping $5.00

Maryland · general information · checked October 24, 2026 · Registers of Wills fee schedule

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