Maryland Probate FAQ

A. Maryland probate typically takes 8 to 16 months. The creditor claims period alone is 6 months from the date notice is published, which is longer than many states. Simple estates with no real property may close faster. Complex estates, those with disputes, or properties requiring preparation before sale may take 18 months or longer.

A. The Orphans' Court is Maryland's probate court. Each of Maryland's 24 counties (plus Baltimore City) has its own Orphans' Court, which handles will probate, estate administration, fiduciary appointments, and disputes. The Register of Wills office supports the Orphans' Court and handles the initial filing and issuance of Letters.

A. Not necessarily. Estates where the non-exempt personal property is under $50,000 (or $100,000 for a surviving spouse) may use a simplified small estate process. However, if the estate includes real property, formal probate is generally required regardless of value. Assets held in trust or with designated beneficiaries pass outside of probate.

A. Yes, but the Personal Representative must have proper authority. If the will grants a power of sale, the Personal Representative can list and sell the property with Letters Testamentary. If the will is silent, a petition to sell must be filed with the Orphans' Court. Proceeds are held in the estate account and accounted for in the final filing.

A. It depends. If the will grants the Personal Representative power to sell, no additional court approval is typically needed. If the will is silent or the estate is intestate, the Personal Representative must petition the Orphans' Court for authority to sell. The court evaluates whether the sale serves the estate's best interest.

A. Maryland imposes an inheritance tax on certain transfers of property from a decedent. Transfers to surviving spouses, children, grandchildren, parents, and siblings are exempt. Transfers to more distant relatives or unrelated beneficiaries may be subject to inheritance tax at varying rates. This is separate from the federal estate tax and the Maryland estate tax.

A. Maryland takes lead paint seriously, especially for properties built before 1978. Sellers must disclose known lead-based paint and provide a federal lead paint disclosure. Many Maryland jurisdictions require a lead paint inspection or certificate before a property can be sold, particularly in Baltimore City and Prince George's County. Remediation may be required depending on the jurisdiction and the property's condition.

A. The Personal Representative has the legal authority to manage and sell estate property, even when beneficiaries disagree. However, they must act in the estate's best interest. If disagreements escalate, the Orphans' Court can intervene. Mediation is often the fastest and least expensive way to resolve heir disputes in Maryland.