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The Office of the REGISTER OF WILLS

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What To Do If You Need To Open An Estate

The following is a partial list of items you will be required to furnish to open an estate in Maryland:

  • Death Certificate
  • Decedent's Last Will and Testament
  • Consents to Appointment from Interested Persons (Form 1118 CLICK HERE) for estates without wills
  • Resident Agent Form (signed by Maryland resident, Form 1106 CLICK HERE) for out-of-state Personal Representatives
  • Funeral Contract/Bill
  • Approximate value of assets in the decedent's name alone
  • Account statements for any accounts held in the decedent's name alone
  • Stock information for stock's owned by the decedent in their name alone
  • Title to decedent's automobiles and/or other motor vehicles held in their name alone
  • If real estate is involved, you must speak to a probate deputy prior to arrival. For more information, please call the New Proceedings Division in the jurisdiction of residence of the decedent. Click here for a directory. Estates are open in the jurisdiction that the decedent was domiciled at the time of their passing.
  • Names and addresses of persons interested in the estate including heirs (surviving spouse, children, living parents, or others who would inherit without a will) and; with a will, the personal representative, all who inherit under the will, and all heirs.
  • Regular Estate Forms - forms available on the web site - CLICK HERE
  • Small Estate Forms - forms available on the web site - CLICK HERE
  • Any applicable filing fee

In order to determine which forms and requirements apply to your situation, it is preferred that you speak to a probate deputy prior to arrival. For more information, please call the New Proceedings Division in the county of residence of the decedent. Click here for a directory. Estates are open in the jurisdiction that the decedent was domiciled at the time of their passing.

Jurisdictions may require advanced payment of newspaper publication and nominal bond for Regular Estates. For more information, please call the New Proceedings Division in the jurisdiction of residence of the decedent. Click here for a directory. Estates are open in the jurisdiction that the decedent was domiciled at the time of their passing.

So that we can provide faster service, it is recommended that you make an appointment to open an estate.

Regular Estate - property of the decedent subject to administration in Maryland is established to have a value in excess of $50,000 (in excess of $100,000 if spouse is sole heir). For persons dying prior to October 1, 2012, a Regular Estate consists of assets with a gross value in excess of $30,000 (or $50,000 if the sole heir or legatee is the surviving spouse). Bond and newspaper publication are required on every Regular Estate.

Small Estate - property of the decedent subject to administration in Maryland is established to have a value of $50,000 or less ($100,000 or less if the spouse is the sole heir). For persons dying prior to October 1, 2012, the Small Estate limit is $30,000 or less (or $50,000 or less if the sole heir or legatee is the surviving spouse).