1Immediate Actions
The first days
First: Get Death Certificates
Required for everythingMaryland Division of Vital Records
Office info
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 custodian of a will must deliver it to the Register of Wills promptly after learning of the testator's death (Est. & Trusts 4-202). Maryland sets no fixed numeric day count for this duty, so confirm timing locally; the will is filed with the Register of Wills in the county where the decedent was domiciled. A testator may also deposit a will with the Register of Wills for safekeeping during life (a $5.00 deposit fee applies under 2-206(l)). (Md. Code, Est. & Trusts 4-202)
Creditor claim window
Creditors generally have 6 months from date of death (barred at the earlier of 6 months after death or 2 months after the personal representative mails written notice) to bring claims against the estate. (Md. Code, 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 Maryland 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. It is opened by petition with the Register of Wills instead of full administration. These thresholds are keyed to the date of death and have applied since October 1, 2012.
- 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
- Attorney:
- not required by law, though many families use one
The standard Maryland 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 of appointment once a week for three successive weeks, files an inventory and information report within 3 months, and files administration accounts (the first within 9 months of appointment, then every 6 months) under the supervision of the Orphans' Court. Maryland also offers a streamlined modified administration (Est. & Trusts 5-701) when the heirs or residuary legatees are limited to the personal representative and a narrow exempt class, all consent, and the estate is solvent; it replaces ongoing accounts with a single final report generally due within 10 months. Verify current requirements with the Register of Wills.
- Qualifies:
- Larger estates, or when no simplified option fits
- Attorney:
- not required by law, though many families use one
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
Talbot County Register of Wills can help you understand forms and filing requirements at no cost.
Visit Self-Help Center