Overview
Kent County is located in Maryland with a population of approximately 19,557. The Orphans' Court for Kent 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 the Estates and Trusts Article of the Maryland Code. 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 of Administration to the appointed personal representative.
Small Estates: Maryland offers a simplified "Small Estate" proceeding if the probate assets are valued at $50,000 or less (or $100,000 or less if the surviving spouse is the sole heir). This process involves filing a Small Estate Petition (Form 1103) and has lower filing fees and fewer requirements than a regular estate.
Fees: Probate fees in Maryland are based on the value of the probate estate. For example, a small estate valued between $20,000 and $50,000 has a filing fee of $150, while a regular estate valued between $100,000 and $250,000 has a fee of $400.
This guide provides an informational overview of the Kent 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 Kent County
Probate matters in Kent County are handled by the Register of Wills, which serves as the clerk for the Orphans' Court.
Address: 103 North Cross Street, Chestertown, MD 21620
Phone: (410) 778-7466 (Register of Wills)
Toll-Free: (888) 778-0179
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The Register of Wills office is located in the Kent County Courthouse in downtown Chestertown. The Register of Wills assists with the administrative processing of estates, while the Orphans' Court judges preside over contested matters and hearings.
Parking and Access
Curbside parking is available along Cross Street in front of the courthouse. Additional public parking can be found in the lot on South George Street, a short walk from the courthouse.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate: If the estate is valued at $50,000 or less ($100,000 if the spouse is the sole heir), you may file for a simplified Small Estate administration.
- Non-Probate Assets: Assets with named beneficiaries (like life insurance or 401ks) or held jointly with rights of survivorship generally do not go through probate.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If probate is needed, file the appropriate petition with the Kent County Register of Wills. For a regular estate, file the Petition for Administration (Form 1112). Include:
- Original Last Will and Testament (if any)
- Certified copy of the death certificate
- Schedule A (Form 1136) listing assets
- List of Interested Persons (Form 1104)
- Filing fee (based on the value of the estate)
Maryland does not currently have a mandatory statewide e-filing system for probate; most filings are done in person or by mail.
Step 3: Provide Notice
After the personal representative is appointed:
- Notice to Creditors: The Register of Wills typically publishes the "Notice of Appointment, Notice to Creditors, Notice to Unknown Heirs" in a newspaper of general circulation (such as the Kent County News) once a week for three successive weeks.
- Information Report: Must be filed within three months of appointment to report non-probate assets that may be subject to inheritance tax.
Step 4: Administer the Estate
After receiving Letters of Administration, the personal representative must:
- Inventory: File an Inventory of estate assets within three months of appointment.
- Creditor Claims: The statutory period for creditors to file claims is generally 6 months from the date of the decedent's death.
- Accounts: File an initial administration account within nine months of appointment.
- Taxes: Pay any necessary inheritance or estate taxes.
- Distribution: Distribute assets to beneficiaries after debts and taxes are paid.
- Closing: The estate is typically closed after the final account is approved and assets are distributed.
Local Requirements
Kent County-Specific Procedures
- Register of Wills: The Register of Wills in Kent County is the primary point of contact for all filings. They provide many forms and resources on their website.
- Publication: The Register of Wills office usually handles the arrangement for publication of the Notice of Appointment in the Kent County News. The cost is paid by the estate.
- Bond: A nominal bond or bond of personal representative is typically required unless waived by the will or excused by statute.
- Inheritance Tax: Maryland has an inheritance tax of 10% on property passing to collateral heirs (e.g., nieces, nephews, friends), though lineal heirs (children, spouses, parents) are generally exempt.
Timeline & Fees
Filing Fees (Kent County / Maryland)
Fees are based on the value of the probate estate:
- Value under $5,000: $0
- $5,000 - $10,000: $50
- $10,000 - $20,000: $100
- $20,000 - $50,000: $150
- $50,000 - $75,000: $200
- $75,000 - $100,000: $300
- $100,000 - $250,000: $400
- $250,000 - $500,000: $500
- $500,000 - $750,000: $750
- $750,000 - $1,000,000: $1,000
- Over $1,000,000: $1,000 + .02% of excess over $1 million
Payment Methods
The Register of Wills accepts checks, cash, and money orders. Some offices may accept credit cards with a convenience fee; verify with the Kent County office directly.
Estimated Timelines
- Small Estates: 4-6 months
- Simple Regular Estates: 9-12 months
- Complex or Contested Estates: 12 months to 2+ years
The timeline is heavily influenced by the 6-month creditor claim period (from date of death) and the requirement to file accounts.
Local Resources
Kent County Court Resources
- Register of Wills Website: registers.maryland.gov
- Probate Forms: Maryland Register of Wills Forms
- Orphans' Court Info: Maryland Courts - Kent County
Legal Aid and Attorney Referrals
- Maryland State Bar Association: (410) 685-7878 — msba.org
- Maryland Legal Aid: (410) 951-7777 — mdlab.org
- Peoples Law Library of Maryland: peoples-law.org
Publication
- Kent County News: (410) 778-2011 — Newspaper of general circulation often used for legal notices.