Overview
Saint Mary's County is located in Maryland with a population of approximately 113,777. The Register of Wills and Orphans' Court 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 Administration (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 simplified Small Estate proceeding 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 forms and lower filing fees.
Maryland has a statutory fee schedule for probate filings based on the value of the probate estate. Additionally, personal representatives and attorneys may be entitled to commissions and fees subject to court approval and statutory limits.
This guide provides an informational overview of the Saint Mary's 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 for Saint Mary's County
Probate matters in Saint Mary's County are handled at the Circuit Court Courthouse.
Address: 41605 Courthouse Drive, Room #G008, Leonardtown, MD 20650
Phone: (301) 475-5566 (Register of Wills)
Toll-Free: 888-475-4821
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The Register of Wills office is located within the courthouse complex. The Orphans' Court judges preside over contested matters and hearings.
Parking and Access
Public parking is available in the lots surrounding the courthouse complex in Leonardtown. Visitors should be prepared for security screening upon entering the building.
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.
- Modified Administration: Available for solvent estates where the residuary legatees are limited to the personal representative, spouse, and/or children, allowing for a streamlined timeline.
- 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 RW1112) with the Register of Wills. Include:
- Original Last Will and Testament (if any)
- Certified death certificate
- List of Interested Persons (Form RW1104)
- Filing fee (based on estate value)
- Notice of Appointment (Form RW1114)
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 Saint Mary's County (e.g., The Enterprise or St. Mary's County Times) once a week for three successive weeks.
Step 4: Attend the Hearing
Most administrative probate matters are handled by the Register of Wills without a formal hearing. However, if there are disputes or if judicial probate is requested, a hearing before the Orphans' Court judges will be scheduled.
Step 5: Administer the Estate
After receiving Letters of Administration, the personal representative must:
- Open an estate bank account
- Inventory and appraise all estate assets within 3 months of appointment
- File an Information Report regarding non-probate assets
- Pay valid creditor claims (claims must be filed within 6 months of death)
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting to close the estate
Local Requirements
Saint Mary's County-Specific Procedures
- Forms: The Maryland Register of Wills provides standard statewide forms (RW series) which are accepted in Saint Mary's County.
- Bond: A nominal bond or bond of personal representative is typically required unless waived by the will or by all interested persons (and the estate is solvent).
- Publication: Notice to creditors must be published in a local newspaper such as The Enterprise or St. Mary's County Times.
- Orphans' Court: The judges of the Orphans' Court for Saint Mary's County sit in Leonardtown to hear contested matters.
Always check with the Register of Wills office for the most current local protocols.
Timeline & Fees
Filing Fees (Saint Mary's County)
Filing fees are based on the value of the probate estate:
- Small Estates ($50k or less): Fees range from $2 to $150 depending on value.
- Regular Estates:
- $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
- Publication costs: approximately $100-$200 depending on the newspaper.
Payment Methods
The Register of Wills typically accepts checks, cash, or money orders. Credit cards may be accepted with a convenience fee; verify with the office directly.
Estimated Timelines
- Small Estates: 4-6 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 to file claims against the estate.
Local Resources
Saint Mary's County Court Resources
- Register of Wills Website: registers.maryland.gov
- Probate Forms: Maryland Register of Wills Forms
- Orphans' Court: St. Mary's County Circuit Court
Legal Aid and Attorney Referrals
- Maryland State Bar Association: (410) 685-7878 — Lawyer Referral Service
- Maryland Legal Aid: (301) 932-6661 or 888-465-2468 — Southern Maryland Office
- St. Mary's County Bar Association: Local attorney listings
Publication
- The Enterprise: (240) 309-0200 — General circulation newspaper
- St. Mary's County Times: (301) 373-4125 — Local weekly newspaper