The Register of Wills in Maryland

Each Maryland county, and the city of Baltimore, has a register of wills.

Each state has laws that govern the probate process, the legal process of transferring property to new owners after the original owner dies. Maryland's probate process is overseen by the Maryland Register of Wills, along with the Maryland Orphans' Court. Every county in the state has a register of wills, as does the city of Baltimore. Talk to a Maryland attorney if you need legal advice or have questions about the probate process in the state.

Purpose

The register of wills along with the orphans' court, sometimes known as the probate court, is responsible for ensuring that Maryland estates are properly disposed of in accordance with the state's probate laws. These offices ensure that the wishes of a decedent as expressed in a valid will are met, that the heirs or beneficiaries of the estate receive what is rightfully theirs and that the state of Maryland's interests in collecting estate fees or taxes are met.

General Requirements

"Decedent" is the legal term for someone who dies. If that person owned property in the state of Maryland, that property, called the "estate," must get passed on to new owners. Before this can happen, the estate must be registered with the register of wills, and any last will and testament must be filed in the county where the decedent was domiciled. Any estate in which the assets exceed the debts must go through the probate process.

Personal Representative

Once a person dies, someone else must both turn in the will to the Register of Wills and serve to oversee the estate and distribute property. In Maryland, this person is called the personal representative. It is this person's responsibility to inventory all estate property and debts before distribution, not the Register of Wills or the Orphan's Court. However, the personal representative must be approved by the court. Once approved, the personal representative receives "letters of administration" that allow her to inventory the estate and use estate property to pay for outstanding debts.

Required Documents

The probate process begins once an estate is opened, meaning the decedent's will is filed with the register of wills and the personal representative asks the court's permission to start distributing property. A person applying to be a personal representative must provide specific documentation before an estate can be opened. Documentation includes: the last will and testament, the death certificate, a funeral contract or bill, an estimate of estate assets and debts, the title to any of the decedent's motor vehicles, the names of any potential beneficiaries and specific state forms depending on the size or value of the estate.

References

• Maryland Office of the Register of Wills: Frequently Asked Questions
• Maryland Office of the Register of Wills: What to Do if You Need to Open an Estate

Resources

• Maryland Office of the Register of Wills: Publications and Sample Guides