Regular Estates
1. General Information
2. Qualifying Estates
3. Requirements for Opening a Regular Estate
4. Election to Proceed Under Modified Administration
1. GENERAL INFORMATION
Maryland law requires that the custodian of a document appearing to be a Last Will and Testament (including Codicils, if any) of the decedent shall file it promptly with the Register of Wills in the jurisdiction in which the decedent was domiciled at the time of death, even if it is not to be offered for probate. When there are any assets in the decedent's name alone, called “probate assets,” they must be reported to the Register of Wills. A personal representative will be appointed to manage the estate based on who is named in a valid Will or according to Maryland law.
Return to Top2. QUALIFYING ESTATES
When the decedent’s probate assets have a gross value over $50,000, the estate will be opened as a “regular estate.” * This process requires a formal Inventory and Account, has a required fee to the Register of Wills based on the value of the estate, and has limited oversight by a court. A regular estate may qualify to proceed under Modified Administration, which is a streamlined process that is not subject to as rigorous an auditing process and not subject to court oversight.
The threshold to qualify as a regular estate has changed over time. For decedents dying prior to 10/1/2012, please consult the table below:
| TIME FRAME | REGULAR ESTATE VALUE |
|---|---|
| 7/1/00 to 9/30/2012 | $30,000/$50,000 if surviving spouse is sole heir/legatee |
| 7/1/88 to 6/30/00 | $20,000 |
| 7/1/82 to 6/30/88 | $10,000 |
| 7/1/78 to 6/30/82 | $7,500 |
| 7/1/74 to 6/30/78 | $5,000 |
| 1/1/70 to 6/30/74 | $2,000 |
| Prior to 1970 | $1,000 |
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3. REQUIREMENTS FOR OPENING A REGULAR ESTATE
For a general list of items you may be required to furnish to open a regular estate, click here.
For a sample packet of forms required to open a regular estate, click here.
Return to Top4. ELECTION TO PROCEED UNDER MODIFIED ADMINISTRATION
To read more about the procedures for electing to proceed under Modified Administration and its many benefits, click here.
For a sample packet of forms required to elect to proceed under Modified Administration, click here.
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