Overview
Frederick County is located in Maryland with a population of approximately 299,317. The Orphans' Court for Frederick 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 Maryland Estates and Trusts Article, Title 5. The process begins with filing a Petition for Administration (Form 1112) 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 administration for estates valued at $50,000 or less ($100,000 if the surviving spouse is the sole heir). There is also a Modified Administration option for solvent estates where the residuary legatees are limited to the personal representative, spouse, and/or children, which streamlines the timeline.
Probate fees in Maryland 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 $50,000 and $75,000 has a fee of $200. Statutory commissions for personal representatives are capped at 9% of the first $20,000 and 3.6% of the balance.
This guide provides an informational overview of the Frederick 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 Frederick County
Probate matters in Frederick County are handled at the Frederick County Courthouse. The Register of Wills office oversees the administrative probate process.
Address: 100 West Patrick Street, Frederick, MD 21701
Phone: (301) 600-6565 (Register of Wills)
Toll-Free: (888) 258-0526
Hours: Monday through Friday, 8:30 AM to 4:30 PM (office open to the public until 4:00 PM)
The Register of Wills is located in the courthouse and handles the filing of all probate petitions, wills, and accounts. Most probate matters are "administrative probate" handled by the Register; "judicial probate" involving the judges of the Orphans' Court is reserved for contested matters or specific legal issues.
Parking and Access
Public parking is available at the Court Street Garage (2 S. Court Street) located directly behind the courthouse, or the West Patrick Street Garage (138 W. Patrick Street). All visitors must pass through security screening upon entering the courthouse. Cell phones may be permitted but must be silenced.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Administration: For estates valued at $50,000 or less ($100,000 if the spouse is the sole heir). This is a simplified process with lower fees.
- Modified Administration: A streamlined process for solvent estates where all residuary legatees are exempt from inheritance tax (e.g., spouse, children) and consent to the procedure.
- 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 (Form 1112) with the Orphans' Court for Frederick County. Include:
- Schedule A (Form 1136): Preliminary inventory of assets.
- Original Last Will and Testament: (and codicils, if any).
- Certified death certificate
- Filing fee: Based on the value of the estate (see fees below).
- List of Interested Persons (Form 1104): Names and addresses of heirs and legatees.
E-filing is generally not available for the initial opening of an estate; original documents are typically required.
Step 3: Provide Notice
After filing, the process involves:
- Notice of Appointment: The Register of Wills typically arranges for the publication of the Notice of Appointment in a newspaper of general circulation (e.g., The Frederick News-Post).
- Mailing Notice: The Personal Representative must mail a copy of the Notice of Appointment to all interested persons within 20 days of appointment.
Step 4: Administration and Hearings
Most estates proceed through Administrative Probate without a formal hearing. If the will is contested or there are irregularities, Judicial Probate may be required, where a hearing will be scheduled before the Orphans' Court judges.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notice to Creditors: Published by the Register of Wills; creditors have 6 months from the date of death to file claims.
- Inventory: File a full Information Report and Inventory within 3 months of appointment.
- Pay Debts: Pay valid creditor claims and expenses.
- Taxes: File necessary income and estate tax returns.
- Accounts: File an initial administration account within 9 months of appointment, and subsequent accounts every 6 months until the estate is closed.
Local Requirements
Frederick County-Specific Procedures
- Appointment Required: It is highly recommended to call the Register of Wills at (301) 600-6565 to schedule an appointment before visiting to open an estate.
- Bond Requirements: A nominal bond is generally required for all estates. A full bond of personal representative may be required unless excused by the will or by written waiver of all interested persons.
- Drop Box: A drop box is available at the courthouse for filing documents during business hours if you do not need to meet with a deputy.
- Publication: The Register of Wills handles the submission of the Notice of Appointment to The Frederick News-Post or The Daily Record, but the estate is responsible for the cost.
Always check with the Register of Wills for the most current local protocols.
Timeline & Fees
Filing Fees (Frederick County)
Fees are based on the value of the probate estate:
- Small Estate ($5,000 - $10,000): $50
- Small Estate ($10,000 - $20,000): $100
- Regular Estate ($20,000 - $50,000): $150
- Regular Estate ($50,000 - $75,000): $200
- Regular Estate ($75,000 - $100,000): $300
- Regular Estate ($100,000 - $250,000): $400
- Regular Estate ($500,000 - $750,000): $750
- Certified copies of Letters: $1.00 per copy (approximate)
- Publication costs: Varies by newspaper, typically $50-$150.
Maryland law sets executor commissions at a maximum of 9% of the first $20,000 of the estate and 3.6% of the balance.
Payment Methods
The Register of Wills accepts checks, money orders, and credit cards (Visa/Mastercard/Discover) with a service fee. Cash is also accepted.
Estimated Timelines
- Small Estates: 2-4 months
- Simple Regular Estates: 9-12 months
- Complex or Contested Estates: 18 months to 2+ years
The creditor claim period is 6 months from the date of death, which sets a minimum duration for most regular estates.
Local Resources
Frederick County Court Resources
- Register of Wills Website: registers.maryland.gov
- Probate Forms: Maryland Register of Wills Forms
- Orphans' Court: Frederick County Government
Legal Aid and Attorney Referrals
- Bar Association of Frederick County: (301) 663-1139 — Local bar association.
- Maryland Legal Aid: (301) 694-7414 — Legal assistance for low-income residents.
- Maryland State Bar Association: For The Public Resources
Publication
- The Frederick News-Post: (301) 662-1177 — Primary newspaper for legal notices.
- The Daily Record: (443) 524-8100 — Statewide legal publication.