1Immediate Actions
The first days
First: Get Death Certificates
Required for everythingMaryland Division of Vital Records
Certified Maryland death certificates are issued by the state Division of Vital Records (about $12 per certified copy), orderable online (through VitalChek), by mail, or in person. Many local county health departments also issue certified death certificates for recent Maryland deaths. The Register of Wills does not issue death certificates. Verify the current fee and accepted ID before ordering.
Secure the Property
- Lock the residence and secure valuable items
- Forward mail to a responsible family member
- Make a list of what you find (don't throw anything away yet)
Locate Important Documents
2Required by Law
Legal duties
Deposit the Will
A person who has custody of the will must deliver it, after the testator's death, to the Register of Wills for the county in which administration should occur (Md. Est. & Trusts 4-203). Maryland sets no fixed number of days for delivery, but the will should be filed promptly so the estate can be opened; a custodian who willfully fails or refuses to deliver the will after learning of the death may be liable for resulting damages. Verify the filing steps with the Harford County Register of Wills. (Md. Est. & Trusts 4-203)
Creditor claim window
Creditors generally have 6 months from date of death to bring claims against the estate. (Md. Est. & Trusts 8-103)
Notify Key Parties
- Banks and credit card companies (to prevent unauthorized use)
- Social Security Administration (1-800-772-1213)
- Employer (if applicable) for final paycheck and benefits
3Assess Your Situation
Before filing anything
Which probate type is right for you?
Small estate? If the estate is worth less than the Maryland small-estate limit (shown on the options below), you may qualify for simplified procedures.
Is there a valid will? If yes, you'll file for probate with will. If no will exists, it's intestate probate.
Complex assets? Business interests, real estate in multiple states, or contested claims may require probate administration.
Select a probate type below to see specific requirements and costs.
Which applies to your situation?
Not sure? Use the free checker at the top of this page - you don't have to decide this alone.
A small estate may be opened with the Register of Wills when the property subject to administration is $50,000 or less (or $100,000 or less when the surviving spouse is the sole heir or legatee). It has fewer steps than a regular estate and owes no Register of Wills probate fee. A personal representative is still appointed and files a small-estate petition and schedule of assets. Verify eligibility and the current threshold before relying on this path.
- Qualifies:
- $50,000 or less ($100,000 or less if the surviving spouse is the sole legatee or heir), measured as of the date of death
Modified administration is a streamlined regular-estate track available within three months of appointment when every residuary legatee (or heir) is the personal representative, a limited family member, or a trust, and all interested persons consent. It replaces the full inventory and account with a single verified final report, due within ten months, and skips the Orphans' Court audit if the estate is wound up and distributed within twelve months. It is not a dollar-limited shortcut; it depends on who takes and on consent. Verify eligibility and the final-report deadline with the Harford County Register of Wills.
- Qualifies:
- Smaller estates that meet the state limit
A regular estate is the full administration used when the property subject to probate exceeds the small-estate limit. The personal representative is appointed by the Register of Wills, publishes notice to creditors, files an inventory within three months of appointment (Md. Est. & Trusts 7-201), files an information report and account(s), and distributes the estate under Orphans' Court supervision. Real property generally passes to heirs or devisees at death and is administered only as needed. Verify bond, notice, and accounting requirements with the Harford County Register of Wills.
- Qualifies:
- Larger estates, or when no simplified option fits
The standard administration track for estates that do not qualify for modified or small-estate administration. The personal representative is appointed by the Register of Wills, publishes notice, files an inventory and information report within 3 months, and files administration accounts (first within 9 months, then every 6 months) supervised by the Orphans' Court.
- Attorney:
- not required by law, though many families use one
Documents you'll need:
- Certified Death Certificate
- Original Will
- Petition for Probate
- List of Interested Persons
- Inventory
- Information Report
- Administration Account
A streamlined administration the personal representative may elect within 3 months after appointment when every residuary legatee or heir is the personal representative, a person or entity exempt from inheritance tax under Tax-General 7-203(b), (e), or (f), or a trust whose current beneficiaries are all exempt; the estate is solvent with enough assets for all gifts; and all residuary legatees or heirs consent. It replaces ongoing accounts with a verified final report filed within 10 months after appointment, with final distribution within 12 months (Est. & Trusts 5-702).
Documents you'll need:
- Certified Death Certificate
- Original Will
- Petition for Probate
- List of Interested Persons
- Inventory
- Information Report
A small estate is available when the property subject to administration in Maryland is $50,000 or less as of the date of death, or $100,000 or less if the surviving spouse is the sole legatee or heir. The $50,000 / $100,000 thresholds have applied since October 1, 2012 and are keyed to the date of death (not indexed). Value means fair market value less debts of record secured by the property, such as a mortgage, as of the date of death, except to the extent insurance pays the secured debt (Est. & Trusts 5-601(d)), so a mortgaged house counts at its equity.
- Qualifies:
- $50,000
Documents you'll need:
- Certified Death Certificate
- Original Will
- Small Estate Petition
- List of Interested Persons
4File for Probate
Where to file, forms & fees
Where to File
Free Filing Help Available
Harford County Register of Wills can help you understand forms and filing requirements at no cost.
Visit Self-Help Center