Overview
Montgomery County is located in Maryland with a population of approximately 1,082,273. The Register of Wills 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 Annotated Code of Maryland. The process begins with filing a Petition for Probate (Form 1112 for regular estates or Form 1103 for small estates) 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 simplified Small Estate administration for estates valued at $50,000 or less (or $100,000 or less if the surviving spouse is the sole heir). This process involves fewer requirements and a shorter timeline.
Probate fees in Maryland are based on the value of the probate estate. Additionally, Maryland imposes an inheritance tax on property passing to certain beneficiaries (though close relatives like spouses and children are generally exempt).
This guide provides an informational overview of the Montgomery 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
Register of Wills
Probate matters in Montgomery County are handled by the Register of Wills, located in the Circuit Court building.
Address: 50 Maryland Avenue, North Tower 3220, Rockville, MD 20850
Phone: 240-777-9600 (Main Office)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The Register of Wills office is located in the North Tower of the Circuit Court complex in downtown Rockville.
Parking and Access
Public parking is available at the Council Office Building Garage (entrance on Monroe Street) and other nearby public garages in Rockville Town Center. Metered street parking is also available but limited. Jurors and visitors often use the lot at the corner of East Jefferson Street and Monroe Street. Security screening is required for entry into the courthouse.
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).
- Modified Administration: A streamlined process available if the residuary legatees are limited to the personal representative, spouse, and/or children, and all consent.
- 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 Probate (Form 1112) with the Register of Wills. Include:
- Original Last Will and Testament and codicils (if any)
- Certified copy of the death certificate
- Schedule A (Approximate value of assets)
- List of Interested Persons
- Filing fee (based on the value of the estate)
Step 3: Provide Notice
After filing, you must:
- Mail notice (Notice of Appointment) to all heirs, beneficiaries, and interested parties.
- Publish notice in a newspaper of general circulation in Montgomery County (e.g., Montgomery Sentinel or Washington Post) once a week for three successive weeks. The Register of Wills typically arranges this publication for you using the fee you provide.
Step 4: Attend the Hearing
Most administrative probate matters in Maryland do not require a formal court hearing unless there is a dispute (judicial probate). The Register of Wills reviews the documents and, if approved, issues Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Open an estate bank account
- File an Inventory and Information Report within three months of appointment
- Pay valid creditor claims (creditors have 6 months to file claims)
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a First and Final Account to close the estate
Local Requirements
Montgomery County-Specific Procedures
- Publication: The Register of Wills usually facilitates the publication of the Notice of Appointment in a local newspaper (e.g., The Daily Record, Montgomery Sentinel) upon opening the estate.
- Bond requirements: A bond is generally required to protect the estate's value, though it may be waived in the will or by interested persons in certain situations.
- Inheritance Tax: Maryland has a 10% inheritance tax on property passing to nieces, nephews, friends, etc. (Lineal descendants and spouses are exempt).
- Information Report: Must be filed within 3 months to report non-probate assets (like joint accounts or real estate) for tax determination.
Timeline & Fees
Filing Fees (Montgomery County)
Fees are based on the value of the probate estate:
- Value under $10k: $50
- $10k - $20k: $100
- $20k - $50k: $150
- $50k - $75k: $200
- $75k - $100k: $300
- $100k - $250k: $400
- $250k - $500k: $500
- $500k - $750k: $750
- $750k - $1M: $1,000
- Over $5M: $2,500 + 0.02% of excess
- Certified copies of Letters: approximately $1.00 per page + $2.00 for certification
- Publication costs: Varies by newspaper (typically handled via the Register of Wills)
Payment Methods
The Register of Wills accepts checks, cash, money orders, and credit cards (Visa/Mastercard/Discover) with a service fee.
Estimated Timelines
- Small Estates: 6-9 months
- Regular Estates (Simple): 9-12 months
- Complex or contested estates: 12 months to 2+ years
Creditors have 6 months from the date of death (or date of publication) to file claims, which sets a minimum duration for most regular estates.
Local Resources
Montgomery County Court Resources
- Register of Wills Website: registers.maryland.gov
- Probate Forms: registers.maryland.gov/main/forms.html
- Case Search: casesearch.courts.state.md.us
Legal Aid and Attorney Referrals
- Bar Association of Montgomery County: 301-424-3454 — Lawyer Referral Service
- Maryland Legal Aid: 240-314-0373 — Low-income legal assistance
- Pro Bono Resource Center of Maryland: probonomd.org
Publication
- Montgomery Sentinel: 301-838-0788 — Legal notices
- The Daily Record: 443-524-8100 — Statewide legal publication