Overview
Baltimore County is located in Maryland with a population of approximately 852,425. The Orphans' Court for Baltimore County handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Maryland probate is governed by Md. Code, Estates and Trusts § 5-101 et seq. The process begins with filing a Petition for Administration of a Small Estate (Form RW1103) or Petition for Administration of Regular Estate (Form RW1112) to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
Maryland offers a Small Estate proceeding for estates valued at $50,000 or less ($100,000 if the surviving spouse is the sole legatee). This simplified process has lower fees and fewer requirements than a regular estate administration.
Fees are based on the value of the probate estate. For example, a small estate valued between $10,000 and $20,000 has a fee of $100, while a regular estate valued between $20,000 and $50,000 has a fee of $150.
This guide provides an informational overview of the Baltimore County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Orphans' Court for Baltimore County
Probate matters in Baltimore County are handled at the County Courts Building.
Address: 401 Bosley Avenue, Room 500, Towson, MD 21204
Phone: (410) 887-6680 (Register of Wills)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The Register of Wills office serves as the clerk for the Orphans' Court and is located on the 5th floor of the County Courts Building (often referred to as the "New Courthouse").
Parking and Access
Public parking is available at the Baltimore Avenue Garage (110 W. Susquehanna Ave) and the Washington Avenue Garage. Metered street parking may also be available on nearby streets. Visitors must pass through security screening to enter the courthouse.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Administration: If the estate is valued at $50,000 or less ($100,000 if the spouse is the sole heir), you may file as a Small Estate.
- Modified Administration: Available if the residuary legatees are limited to the personal representative, spouse, and/or children, and the estate is solvent.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Administration of a Small Estate (Form RW1103) or Petition for Administration of Regular Estate (Form RW1112) with the Orphans' Court for Baltimore County. Include:
- Schedule A (Regular Estate) or Schedule B (Small Estate)
- Original Last Will and Testament (if any)
- Certified copy of the death certificate
- Applicable filing fee (based on estate value)
- List of Interested Persons (Form RW1104)
Maryland does not currently offer full e-filing for initial probate petitions; original wills must be filed in person or by mail.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties at least 20 days before the hearing (if judicial probate is required)
- Publish notice in a newspaper of general circulation in Baltimore County for three successive weeks (often handled by the Register of Wills office upon opening the estate)
Step 4: Attend the Hearing
For administrative probate (uncontested), a hearing is often not required, and the Register of Wills can appoint the Personal Representative immediately. If judicial probate is required, the court will schedule a hearing. Upon approval, the court issues Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (claims must be filed within 6 months of death)
- Inventory and appraise all estate assets within 3 months of appointment
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting and petition for discharge
Local Requirements
Baltimore County-Specific Procedures
- Appointment Recommended: It is highly recommended to call the Register of Wills at (410) 887-6680 to schedule an appointment before visiting to open an estate.
- Original Will: The original Last Will and Testament must be filed; copies are generally not accepted without a specific court order.
- Identification: Bring valid government-issued photo identification when filing in person.
- Publication: Notice must be published in a newspaper of general circulation in Baltimore County for three successive weeks.
The Register of Wills acts as the Clerk to the Orphans' Court and handles most administrative probate matters.
Timeline & Fees
Filing Fees (Baltimore County)
- Small Estate ($10k-$20k): approximately $100
- Regular Estate ($20k-$50k): approximately $150
- Certified copies of Letters: approximately $10-$20
- Publication costs: approximately $50-$100 depending on the newspaper
- Will Filing (Safekeeping): $5.00
Maryland law sets statutory attorney fees and personal representative commissions based on the value of the estate (e.g., 9% of the first $20,000).
Payment Methods
The court accepts checks, money orders, and credit cards (Visa/Mastercard/Discover) with a service fee. Cash is generally accepted but checks are preferred.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 1 year or more
Timelines are affected by the 6-month creditor claim period and the requirement to file an inventory within 3 months.
Local Resources
Baltimore County Court Resources
- Court Website: registers.maryland.gov
- Probate Self-Help: Maryland Register of Wills FAQ
- Maryland Probate Forms: Register of Wills Forms
Legal Aid and Attorney Referrals
- Baltimore County Bar Association: (410) 337-9100 — Lawyer Referral Service
- Maryland Legal Aid: (410) 951-7777 — Civil legal services for low-income individuals
- Maryland State Bar Association: msba.org
Publication
- The Jeffersonian: (410) 296-8881 — Legal notices
- The Daily Record: (443) 524-8100 — Legal notices