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Foreign Personal Representative

When a decedent dies domiciled outside of Maryland but owning real property in this state at the time of death, the person appointed as Personal Representative in that jurisdiction will need to initiate a proceeding in Maryland to dispose of that property. This is known as either a “Foreign Personal Representative” or “Ancillary Probate” proceeding.

That individual shall file an Application by Foreign Personal Representative to Set Inheritance Tax with the Register of Wills for the jurisdiction in Maryland where the largest part in value of their property in this state is located. (For example, if the out-of-state decedent owned real property in Baltimore City with a value of $500,000 and real property in Baltimore County with a value of $250,000, the proper venue for this proceeding would be Baltimore City, where the larger valued is located.) This form, which lists the necessary requirements for filing, is available here. A probate fee and any other costs and taxes will be assessed by the Register in the jurisdiction in which the proceeding is initiated.

From the time of the appointment of the foreign personal representative until the time for filing claims has expired, they shall make a reasonably diligent effort to ascertain the names and addresses of the decedent's creditors and mail or otherwise deliver to them a copy of the Notice of Appointment-Notice to Creditors.