The Maryland Probate Process Step by Step

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Most families picture probate as a single event: a will is read, a judge signs something, and the estate settles. The reality is a court-supervised process with hard statutory deadlines that begin running the moment you open the estate. Not the moment someone passes away. Miss the inventory deadline, distribute assets too early, or skip the right creditor notice, and the personal representative can be held personally liable for the shortfall.

We’ve been helping Maryland families navigate this process since 1997, and the most common source of stress we see isn’t the paperwork itself. It’s that families don’t know the clock is ticking until they’re already behind. For Glen Burnie residents, that clock starts at the Anne Arundel County Register of Wills in Annapolis, not at a local courthouse down the street.

What Probate Is & When It Applies in Maryland

Probate is the court-supervised process of validating a will, appointing a personal representative, paying debts, and transferring assets that were titled solely in the decedent’s name. That last part matters more than most families realize. Assets with a named beneficiary, assets held in joint tenancy, and assets held in a funded trust pass outside of probate entirely. A life insurance policy payable to a named child never touches the probate court. A bank account titled only in the deceased person’s name does.

In Maryland, the Register of Wills and the Orphans’ Court administer probate. The Register handles day-to-day filings, appointment of the personal representative, and routine estate administration. The Orphans’ Court, a separate judicial body, handles contested matters. Most routine estates in Anne Arundel County are resolved entirely through the Register’s office and never require a hearing before the Orphans’ Court judges.

One timing detail catches families off guard: there’s no deadline to open an estate in Maryland. Families sometimes wait months before filing, thinking they’re buying time. What they don’t realize is that the statutory deadlines for inventory, creditor notice, and accounting all begin running from the date of appointment. The moment you open the estate, the countdown starts.

The Three Estate Tracks: Small, Regular, & Modified

Maryland doesn’t run every estate through the same process. The applicable track depends on the total value of probate assets and the relationship of the heirs to the decedent.

Small Estate
When probate assets total $50,000 or less (or $100,000 or less when the surviving spouse is the sole heir) the estate qualifies for small estate administration. No formal inventory or accounting is required, there’s no filing fee with the Anne Arundel County Register of Wills, and the process typically completes within two to four months.

Regular Estate
Above those thresholds, the estate follows the regular administration track. This requires a formal inventory within three months of appointment, an administration account within nine months, and a six-month creditor claim window that prevents the estate from closing until it expires. It’s the track most Glen Burnie families encounter, and the one with the most deadlines to track.

Modified Administration
Modified Administration is available when all residuary legatees are relatives who qualify for Maryland’s inheritance tax exemption. If that condition is met, the personal representative can elect Modified Administration and file a single Final Report within ten months of appointment rather than a full inventory and accounting. The election must be made within the first three months, and because most families haven’t heard of this option, they default to regular administration and take on more work than the law requires.

Opening the Estate: Filing with the Anne Arundel County Register of Wills

Glen Burnie residents file with the Anne Arundel County Register of Wills at 7 Church Circle in Annapolis, not at a local government office nearby. The filing package for a regular estate includes the original will (not a copy), a certified death certificate, a completed Petition for Administration, and the applicable filing fee. Anne Arundel County filing fees range from nothing for small estates under $50,000 to $200 for estates valued up to $500,000, with higher fees applied to larger estates. Once the Register approves the appointment, the personal representative receives Letters of Administration, the legal document that allows access to bank accounts, management of estate assets, and communication with financial institutions on behalf of the estate.

Within 20 days of appointment, the personal representative in a regular estate must also file a List of Interested Persons identifying every heir and legatee by full name and address. This establishes who has the right to receive notice of filings and object to accounting throughout the process.

Inventory, Creditor Claims, & the Six-Month Window

Three months from the date of appointment, two documents come due simultaneously: the Inventory and the Information Report. The Inventory lists every probate asset at fair market value as of the date of death. The Information Report covers non-probate assets. Jointly held accounts, retirement accounts with named beneficiaries, and life insurance proceeds are assets that don’t pass through the estate but that the court requires to assess potential tax exposure.

At the same time, the personal representative must notify creditors. In Anne Arundel County, notice of appointment is published in The Capital or Maryland Gazette once a week for three consecutive weeks, and known creditors must also receive written notice by mail. Creditors then have six months from the date of death to file claims against the estate.

Here is where personal liability becomes real. If the personal representative distributes assets to beneficiaries before that six-month window closes and a valid creditor claim surfaces afterward, the personal representative can be held personally responsible for the unpaid debt. The estate’s assets are gone; the liability isn’t. Distributing early to accommodate an eager beneficiary is one of the most costly mistakes we see in estate administration.

Maryland’s Two Death Taxes: What Most Families Actually Owe

Maryland is the only state in the country that imposes both an inheritance tax and a separate estate tax. In practice, most families owe neither.

Maryland Estate Tax
The Maryland estate tax applies only to estates exceeding $5 million in total gross value. For the overwhelming majority of Glen Burnie families, this threshold isn’t a factor.

Maryland Inheritance Tax
The inheritance tax is a different matter. Maryland imposes a flat 10% tax on property passing to collateral heirs: nieces, nephews, aunts, uncles, cousins, and unrelated individuals. Spouses, children, stepchildren, grandchildren, parents, grandparents, and siblings are exempt entirely. The proposed legislative repeal of Maryland’s inheritance tax didn’t pass in 2025; the 10% rate on collateral heirs remains in effect.

Accounting, Distribution, & Closing the Estate

The personal representative must file an administration account with the Register of Wills within nine months of appointment. This account documents every asset in the estate at the date of death, all receipts collected during administration, every payment made (including creditor claims, taxes, and administrative expenses), and the proposed distribution to beneficiaries. If the estate isn’t ready to close at nine months, additional accounts are required every six months until it does.

Beneficiaries receive notice of the accounting and have the right to review and file exceptions before the court approves it. Distribution only occurs after court approval. A personal representative who distributes early takes on risk that the law places squarely on their shoulders. One last detail worth knowing: probate records in Maryland are public. The inventory values, the account, and the distribution to named beneficiaries are all accessible to anyone who asks. Families who want to keep asset values and distributions private often explore trust-based estate planning for that reason.

What Derails Personal Representatives Most Often

Two things go wrong consistently. The first is missing statutory deadlines. The inventory, creditor notice, and administration account each carry their own deadline, and those deadlines don’t pause while the family is grieving or waiting on paperwork from financial institutions. The second is underestimating the scope of personal liability. A personal representative isn’t just a messenger. Under Maryland’s fiduciary duty rules, they’re legally responsible for administering the estate correctly, and distributing assets prematurely or failing to notify known creditors can result in personal financial exposure.

These aren’t hypothetical risks. They’re the situations that bring families to an attorney after something has already gone wrong. Managing them proactively, with someone who knows the Anne Arundel County filing requirements and the statutory framework under Maryland’s Estates and Trusts Article, is far less complicated than correcting mistakes after the fact. Ward & Co Law has been working through this process with Glen Burnie and Anne Arundel County families for nearly three decades. If you’re stepping into the role of personal representative and want to understand exactly where you stand, call us at (410) 775-5955.