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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

Below is a partial list of items you may be required to furnish to open an estate. To determine which forms and requirements apply to you please call the Register of Wills in the jurisdiction in which the decedent was domiciled at the time of death. Click here for a directory.

  • 1. Proof of death
    • a. Death Certificate (original or copy)
    • b. Other proof of death if a Death Certificate isn’t yet available
  • 2. Decedent's Last Will and Testament
    • a. The original Will is needed unless it cannot be located
    • b. Please contact the Register of Wills for procedures if only a copy of the Will is available
    • c. If the decedent had no Will, please contact the Register of Wills for procedures
  • 3. Consents to Appointment from Interested Persons
    • a. If you are named as the personal representative named in the Will, you do not need Consents to Appointment
    • b. If the personal representative named in the Will is deceased, cannot serve, or waives the right to serve, or if the decedent died without a Will, you may need Consents to Appointment
    • c. Form available HERE
  • 4. Resident Agent Form
    • a. This is only required when the personal representative resides out of state
    • b. Form available HERE
  • 5. Documentation for any funeral expenses
    • a. This includes burial, cremation, memorial services and more
  • 6. Value of assets titled in the decedent’s name alone
    • a. In Regular Estates, when the estate is opened an approximate value of assets is required. The precise value must be provided later in the administration of the estate.
    • b. In Small Estates, when the estate is opened the date of death value of assets is required. This includes, but is not limited to, the following:
      • i. Statements for any bank accounts and any other types of financial accounts
      • ii. Stock information for stock's owned by the decedent in their name alone
      • iii. Title to decedent's automobiles and/or other motor vehicles held in their name alone
      • iv. For real property, the tax assessment value may be used in lieu of a formal appraisal
      • v. If there are other types of assets, a Register’s staff member can assist you
  • 7. Names and addresses of interested persons in the estate
    • a. If the decedent died without a Will, this includes the personal representative and the decedent’s heirs
    • b. If the decedent died with a Will, this includes the personal representative and all heirs and legatees
      • i. “Heirs” are individuals who inherit if the decedent died without a Will (surviving spouse, registered domestic partner, children, living parents, or others)
      • ii. “Legatees” include all who inherit under the Will
  • 8. Small estate** forms
    • a. Forms available HERE
  • 9. Regular estate* forms
    • a. Forms available HERE
  • 10. Advance payment for newspaper publication and/or bond
    • a. In some jurisdictions, the local newspaper and/or bond company may require the Register collect payment for them prior to the opening of an estate
  • 11. Any applicable filing fee

** Small Estate: An estate qualifies as a “small estate” when the property of the decedent subject to administration in Maryland has a value of $50,000 or less ($100,000 or less if the spouse is the sole heir or legatee).

* Regular Estate: An estate qualifies as a “regular estate” when the property of the decedent subject to administration in Maryland has a value in excess of $50,000 (in excess of $100,000 if spouse is sole heir or legatee). Either a Nominal Bond or Personal Representative Bond and newspaper publication are required in every regular estate.