Frequently Asked Questions
The following are basic questions and answers. Please see our Publications Section for more detailed information. Click on the category to reveal frequently asked questions, and click on the question to reveal the answer. The information provided on this page is subject to our Terms of Use and Disclaimer Policy.
1. General Information
1.1. What does the Register of Wills do?
The Register of Wills is responsible for appointing personal representatives to administer decedents’ estates and for overseeing the proper and timely administration of these proceedings.
The Register of Wills also performs the following duties: assists and advises the public in the preparation of all required forms; maintains and preserves the permanent record of all proceedings; tracks estates and refers delinquent matters to the orphans’ court; determines and collects inheritance taxes, probate fees, and other costs; audits accounts of personal representatives and guardians; mails various notices and court orders to interested persons; and, verifies compliance with court orders.
The Register of Wills also provides a service for safekeeping of wills of living persons and issues certificates of Registered Domestic Partnership to qualifying domestic partners.
1.2. Does the Register of Wills provide legal advice?
While the Register of Wills may answer general questions about estate administration and wills, and may assist with the preparation of required forms, these offices are prohibited from providing legal advice. To obtain legal advice, please contact an attorney.
1.3. What are your office hours and how can I contact you?
The Register of Wills is generally open from 8:30am to 4:30pm Monday through Friday, except for federal and state holidays, closures due to inclement weather, and closures due to other emergencies.
Each Register's office is reachable by phone, toll-free call, fax, and e-mail. Some offices have a live web chat feature.
To contact the Register of Wills in the jurisdiction in which you reside – if you are seeking to file a will for safekeeping or obtain a Certificate of Registered Domestic Partnership – or in which a decedent was domiciled – if you are seeking to open an estate, choose from this menu:
1.4. What resources do you have available to assist the public?
The Publications Section of this website contains links to booklets, pamphlets, sample guides and informative web sites.
The FAQ Section has answers to the most frequently asked questions.
The Forms Section of this website provides all forms in .pdf format.
Some Registers of Wills will provide presentations on wills and estate administration to the public or to community groups within their jurisdiction. Please contact your local Register of Wills for more information.
1.5. How do I obtain a "Letter of Administration"?
To obtain a letter of administration, an estate must be opened in the jurisdiction in which the decedent was domiciled at the time of death, and a personal representative must be appointed by the Register of Wills. Once appointed, letters will be issued to the personal representative. For more on how to open an estate, please refer to our publication What To Do If You Need To Open An Estate. If you are seeking to open an estate, choose the correct jurisdiction from this menu:
1.6. What is a Last Will and Testament, and can your office prepare one for me?
A Last Will and Testament is a legal tool that will govern your probate estate if you die with any probate assets – those titled in your name alone. A will takes effect after death and the will’s admission to probate by the Register of Wills.
The Registers of Wills are legally prohibited from providing legal advice, including the preparation of Wills. To obtain legal advice, please contact an attorney.
1.7. What is a Power of Attorney, and can your office prepare one for me?
A Power of Attorney is a legal tool that allows a principal (you) to designate another as an attorney-in-fact or agent with the authority to make certain decisions on your behalf.
The Registers of Wills are legally prohibited from providing legal advice, including the preparation of Powers of Attorney. To obtain legal advice, please contact an attorney or visit the Powers of Attorney page of The People’s Law Library of Maryland.
Please note that the Registers of Wills do not accept Powers of Attorney for safekeeping.
1.8. What is an Advance Directive or “Living Will,” and can your office prepare one for me?
An Advance Directive, also known as a “Living Will,” is a legal tool that allows you to designate as your health care agent with the authority to make certain decisions on your behalf in the event you are incapacitated. This document also includes directions for funeral or memorial services and organ donation.
The Registers of Wills are legally prohibited from providing legal advice, including the preparation of an Advance Directive. To obtain legal advice, please contact an attorney or visit the Advance Directives page of Maryland Attorney General’s website.
Please note that the Registers of Wills do not accept Advance Directives for safekeeping.
1.9. What is a Trust, and can your office prepare one for me?
A Trust, also known as a “Revocable Trust,” is a legal tool that allows a settlor (you) to designate a trustee to hold property as its nominal owner for the benefit of one or more beneficiaries. Trust assets pass outside of probate and are not governed by a Last Will and Testament.
The Registers of Wills are legally prohibited from providing legal advice, including the preparation of a Trust. To obtain legal advice, please contact an attorney.
Please note that the Registers of Wills do not accept Trusts for safekeeping.
1.10. Are your records available to the general public?
All papers filed in probate estates in Maryland are public record1.
Please note that Last Wills and Testaments filed for safekeeping by living persons are not public record. Only the testator (the individual who filed the Will), or someone authorized by them in writing, may view or remove the Will from our safekeeping records.
1Unless the record is required denial of inspection per Maryland Rules 16-900 et. seq.1.11. Does my Will ever become public record?
Your Last Will and Testament only becomes public record if (1) you die with a valid Will and your family needs to open an estate to manage probate assets or (2) you die with a valid Will and you have no probate assets, but your Will is filed with the Register of Wills as a “Will of No Estate.”
1.12. How can I get copies of a Will or other documents filed in an estate?
Members of the public may view basic estate information and estate dockets for free using our online Estate Search page. Estate records are available in .pdf format and may be downloaded for a fee of $0.50 per page.
Some Register of Wills offices have public viewing stations inside the office which any member of public may view any document or image in any estate file at no cost. Printing from these stations has a fee of $0.50 per page.
1.13. Can I get a copy of a death certificate from your office?
The Register of Wills does not issue Death Certificates. To obtain a death certificate, please contact the Vital Statistics Administration. Please note that many governmental agencies and private institutions will accept copies of death certificates rather than originals, so you may want to ask if a copy is acceptable when transacting business that requires one.
1.14. Can you help transfer a deed for real estate or a title for a motor vehicle I inherited?
The Register of Wills does not prepare or record deeds and also does not assist with the transfer of vehicle titles. If you require assistance transferring a deed to real property, you should contact an attorney. If you require assistance transferring a title for a motor vehicle, please contact the Motor Vehicle Administration.
2. Wills
2.1. Do I need an attorney to write my Last Will and Testament?
You are encouraged to consult with an attorney to prepare your Last Will and Testament. However, a document may be a valid will provided it complies with Maryland’s legal requirements for a valid will. Please refer to our publication Facts About Wills for more information.
2.2. What is a valid Will in Maryland?
In Maryland, a will must be (1) in writing, (2) signed by the person making the will, and (3) and attested and signed by two credible witnesses in the presence of the person making the will. You must be 18 years old and legally competent to make a will and to serve as a witness to a will.
If you have a will prepared outside of Maryland, it is valid if it was executed in accordance with the laws of the state, jurisdiction, or country in which it was prepared.
Handwritten wills are valid in Maryland. Electronic wills are valid only in very limited circumstances. Audio, oral, and video wills are not valid in Maryland.
2.3. Do I need a Will?
There is no legal requirement that you have a Last Will and Testament, however there are many benefits to having one. It allows you to make decisions regarding the administration of your estate and provide a roadmap for your family after your passing.
2.4. What are the benefits of having a valid Will?
By having a valid Last Will and Testament, you can avoid relying on Maryland’s intestate succession laws, which govern the distribution and administration of your probate estate. Here are some of the many benefits of having a valid will:
- Name a personal representative and successor personal representative(s) to administer your estate.
- Waive the necessity of your personal representative obtaining a Bond of Personal Representative for the full value of your estate.
- Allow for funeral expenses to be reimbursed at the discretion of your personal representative.
- Direct the distribution of your probate assets.
- Direct that any end-of-life or other taxes be paid by your estate instead of by your beneficiaries.
- Make charitable bequests.
- Establish testamentary trusts.
- Nominate a guardian and successor guardian(s) for any minor children.
2.5. Where should I store my Will?
Where to store your will is a personal decision. We suggest that it be kept in a place where it is safe from theft and damage from fire or water. We strongly encourage you to consider filing your will for safekeeping with the Register of Wills in the jurisdiction in which you reside. There is a one-time $5.00 fee and your will’s contents are kept confidential during your lifetime. If you are seeking to file your will for safekeeping, choose the correct jurisdiction from this menu:
2.6. Who can withdraw a living person’s Will if it is filed with the Register of Wills?
Only you or someone you expressly permit to withdraw your will may access your will during your lifetime. For more information, please call the Register of Wills Office in the jurisdiction in which your will is located.
3. Decedent's Estates
3.1. When does an estate need to be opened?
An estate must be opened if a decedent died owning any assets in their name alone or as a tenant in common. These are known as “probate assets.”
3.2. If the decedent didn't have any probate assets does their Last Will and Testament still have to be filed?
Yes. Under Maryland law, the decedent's will must be filed in the jurisdiction in which they were domiciled.
3.3. Does an estate need to be opened within a certain amount of time?
No. Maryland law does not specify a certain amount of time within which an estate for a decedent must be opened.
3.4. Where do I file an estate?
You must file the necessary forms and documents with the Register of Wills in the jurisdiction in which the decedent was domiciled at the time of death. If you are seeking to open an estate, choose the correct jurisdiction from this menu:
3.5. What do I need to file to open an estate?
Please refer to our guide, What To Do If You Need To Open An Estate.
3.6. Who inherits if there is no Will?
Please refer to our guide, Intestate Succession – Who Inherits if a Decedent Died Without a Will.
3.7. How can I get an Employer Identification Number (EIN)?
To open an estate account at any financial institution, you will need an Employer Identification Number or EIN. You may apply for an EIN online through the IRS.
3.8. What if the decedent had ‘Unclaimed Property’?
You can use the Comptroller’s Online Unclaimed Property Search to determine if a decedent has any unclaimed property.
The Register of Wills can assist you with accessing these assets. Please contact the Register’s office in the jurisdiction in which the decedent was domiciled for more information.
3.9. What are the fees and taxes associated with an estate?
Please refer to our schedule of Fees. Tax is not due on every estate, and you can refer to our Inheritance Tax publication for more information.
3.10. A deceased person owes me money. How do I file a claim against the estate?
You may file a claim against an estate by downloading Form #1128 – “Claim Against Decedent's Estate” from our Forms Page. Please complete the form and include any supporting documentation and the required filing fee of $3.00 per claim.
Please note that claims must be filed within 6 months from the date of death.
4. Personal Representatives
4.1. Do I need an attorney?
While we suggest you consult with an attorney regarding your loved one’s estate, the complexity of the estate and your personal circumstances may determine whether hiring an attorney is necessary. We suggest calling the Register of Wills for the jurisdiction in which the decedent was domiciled, and a staff member can help you determine if our assistance is sufficient or legal counsel is appropriate.
4.2. What is a “personal representative” and what are their duties?
A personal representative is a fiduciary tasked with settling the estate of a decedent. The personal representative "...is under general duty to settle and distribute the estate of the decedent in accordance with the terms of the will and the estates of decedents law as expeditiously and with little sacrifice of value as is reasonable under the circumstances." More specifically, the personal representative has a duty to take possession of and marshal assets, pay debts, taxes, and costs of administration, make proper distribution of assets, and fulfill all other responsibilities required by Maryland Law.
Please refer to our publication Administering Estates in Maryland for more information.
4.3. What should a prospective personal representative bring to qualify?
To qualify to serve, you will need the decedent’s original will that names you as personal representative, or, if the decedent died intestate, a petition describing why you are entitled to serve. Additionally, you will need the remaining forms and documents to open an estate.
In some circumstances, you will need either a Nominal Bond or Bond of Personal Representative, which operate as a type of insurance for the estate. In a small estate in which the value of the estate does not exceed $10,000 after the payment of allowances and debts, you will not need any Bond. Otherwise, the personal representative will need a Nominal Bond. In a regular estate, if there is a valid Last Will and Testament that waives bond or all of the interested persons waive bond, the personal representative will need a Nominal Bond. Otherwise, they will need a Bond of Personal Representative.
Please refer to our guide, What To Do If You Need To Open An Estate, for more information.
4.4. Does a personal representative have to be a Maryland resident?
An out-of-state resident may act as personal representative of a decedent's estate as long as a Maryland resident agrees to act as their agent. The personal representative will need to complete, sign, and have this individual sign a copy of Form #1106 – “Appointment of Resident Agent” from our Forms Page.
4.5. What if a named personal representative dies or no longer wishes to serve?
If a personal representative named in a will has pre-deceased the decedent or declines to serve, and there is successor personal representative named in the will, that individual may be appointed to serve.
If a personal representative wishes to resign during the course of the administration of the estate, they may resign their appointment by filing a written statement with the Register of Wills after giving at least 20 days’ notice to all interested persons.
4.6. Can an estate have multiple personal representatives?
Yes. However, it is important to keep in mind that if you nominate co-personal representatives in your Last Will and Testament or petition to open an intestate estate with co-personal representatives, Maryland law presumes that all duties carried out must be done jointly. This could lead to administrative and logistical problems and delays during the administration of an estate.
4.7. Is a personal representative compensated for their duties?
A personal representative may be compensated for their duties in estates that qualify as Regular Estate or that proceed under Modified Administration. Their compensation is based on a formula in Maryland law that allows up to 9% of the first $20,000 of value of the estate and 3.6% of the value above that for personal representative’s commissions and attorney’s fees.
5. Domestic Partnerships
5.1. Who qualifies to register as domestic partners in Maryland?
To qualify to become registered domestic partners, each partner must affirm they are:
- At least 18 years of age,
- The sole domestic partner of the other partner,
- Not married, and
- In a committed relationship with the other partner.
5.2. How do my partner and I become “registered domestic partners”?
- The two partners must prepare a "Declaration of Domestic Partnership" to be filed with the Register of Wills in the jurisdiction in which they reside.
- Each partner must state their (1) name, (2) date of birth, (3) home address, (4) social security numbers, and (5) sign the Declaration under the penalties of perjury. The Register may require proof of identification to verify each partner's information is accurate.
- The Declaration must also be signed by a Notary Public.
- The partners must pay a filing fee of $25 made payable to the Register of Wills.
After providing identification and after review, the Register's office will issue each partner a "Certification of Domestic Partnership," which shall bear the seal and signature of the Register or authorized staff member.
5.3. What are the benefits of becoming registered domestic partners?
If one of the partners dies without a Last Will and Testament, meaning they died "intestate," the surviving domestic partner will be treated the same as a surviving spouse as follows:
- The surviving registered domestic partner will have the same priority to serve as Personal Representative of the estate,
- The surviving registered domestic partner will be entitled to the $10,000 spousal allowance, and
- The surviving registered domestic partner will have the same inheritance rights.
If one of the partners dies with or without a Last Will and Testament, the surviving domestic partner is exempt from Maryland inheritance tax.
5.4. What happens if I move?
The Registers maintain a statewide database of all registered domestic partnerships. If you relocate to another jurisdiction in Maryland, you do not need to register again. Also, you may file a Declaration of Termination of Domestic Partnership in a jurisdiction other than the jurisdiction where your partnership was initially registered.
5.5. How do I terminate my registered domestic partnership?
To terminate a registered domestic partnership, you may choose one of the following:
- Mutual Consent: Both parties may file a signed "Declaration of Termination of Domestic Partnership" with the Register. The termination will take effect 6 months from filing.
- Termination by One Party: One party may file a signed "Declaration of Termination of Domestic Partnership" with the Register. That party must sign under the penalties of perjury that they will provide a copy of the Declaration to the non-signing party. The termination will take effect 6 months from filing.
- Termination Due to Abandonment: One party may file a signed "Declaration of Termination of Domestic Partnership" with the Register. That party must sign under the penalties of perjury that they have been abandoned by the other party, have not been in contact with them for at least six months, and will provide a copy of the Declaration to the non-signing party if their location is known. The termination will take effect immediately.
- Marriage: One party may file a signed "Declaration of Termination of Domestic Partnership" with the Register of Wills and include proof of marriage of one or both parties. The termination will take effect immediately.
- Death: One party may file a signed "Declaration of Termination of Domestic Partnership" with the Register of Wills and include proof of death of one or both parties. The termination will take effect immediately.