How does probate work in Maryland?

1. Governing Code. Maryland Code, Estates and Trusts Article (§§ 1-101 to 18-110). Maryland has not adopted the UPC.

2. Court. Orphans' Court in the county of the decedent's domicile (in Montgomery and Harford counties the Circuit Court sits as Orphans' Court); the Register of Wills handles filings (Md. Code Est. & Trusts § 2-101).

3. Petition to Open. Petition for Probate filed with the Register of Wills under Md. Code Est. & Trusts § 5-301 by the named personal representative or interested person.

4. Letters of Administration. Issued by the Register of Wills under Md. Code Est. & Trusts § 6-101 after appointment, oath, and bond unless waived.

5. Notice to Creditors. Published once a week for 3 consecutive weeks in a newspaper of general circulation under Md. Code Est. & Trusts § 7-103. Creditor claim deadline is 6 months from date of death or 2 months from notice, whichever is later (Md. Code Est. & Trusts § 8-103).

6. Inventory. Filed within 3 months of appointment under Md. Code Est. & Trusts § 7-201.

7. Regular vs Modified Administration. Regular Administration is the default. Modified Administration under Md. Code Est. & Trusts § 5-701 is a streamlined version available when residuary legatees are limited heirs/spouse/trust and the estate is solvent - no formal inventory or accounting, closes within 10 months.

8. Small-Estate Procedure. Small Estate proceeding under Md. Code Est. & Trusts § 5-601 for property of $50,000 or less, or $100,000 or less if the surviving spouse is the sole heir.

9. Closing. Regular: First and Final Account under Md. Code Est. & Trusts § 7-301. Modified: Final Report under § 5-710. Approved by Orphans' Court.

10. Probate Avoidance. Revocable living trust, joint tenancy with right of survivorship, tenancy by the entirety for married couples, POD/TOD accounts, beneficiary designations. Maryland does not authorize TOD deeds for real estate.

This is legal information, not legal advice.