Overview
Somerset County is located in Maryland with a population of approximately 25,600. The Orphans' Court for Somerset County (supported by 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 Maryland Estates and Trusts Article. 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 Small Estate proceeding 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 streamlined processing if all residuary legatees are limited to the personal representative, spouse, and/or children, and all consent.
Maryland law sets statutory commissions for personal representatives (executors) and attorneys, generally calculated as 9% of the first $20,000 of the estate and 3.6% of the balance, though this is a maximum cap and subject to court approval.
This guide provides an informational overview of the Somerset 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 Somerset County
Probate matters in Somerset County are handled by the Register of Wills located in the county courthouse.
Address: 30512 Prince William Street, Princess Anne, MD 21853
Phone: (410) 651-1696 (Register of Wills)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Register of Wills serves as the clerk to the Orphans' Court and handles the administrative aspects of probate. The Orphans' Court judges preside over contested matters and judicial probate.
Parking and Access
Public parking is available along Prince William Street and Somerset Avenue. There is also a parking lot located behind the courthouse. 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 Administration: If the probate estate is valued at $50,000 or less ($100,000 if the surviving spouse is the sole heir), you may file a simplified Small Estate petition.
- 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 Administration (Form RW1112) with the Register of Wills. Include:
- Original Last Will and Testament (if any)
- Certified copy of the death certificate
- Schedule A (Regular Estate) or Schedule B (Small Estate)
- List of Interested Persons (Form RW1104)
- Filing fee (based on estate value)
Maryland utilizes the MDEC e-filing system, but original wills must typically be filed in person or by mail.
Step 3: Provide Notice
After filing, the Register of Wills typically manages the publication of notice, but the Personal Representative must ensure:
- Notice to Interested Persons is mailed to all heirs and beneficiaries within 20 days of appointment.
- Notice to Creditors is published in a newspaper of general circulation in Somerset County for three successive weeks (often handled by the Register's office for a fee).
Step 4: Attend the Hearing
For administrative probate (uncontested), a formal hearing is often not required. If the estate is contested (Judicial Probate), the Orphans' Court will schedule a hearing. Upon approval, the Register 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 the date of death)
- Inventory and appraise all estate assets within 3 months of appointment
- File an Information Report regarding non-probate assets within 3 months
- Pay valid creditor claims and taxes
- Distribute assets to beneficiaries
- File a Final Account to close the estate
Local Requirements
Somerset County-Specific Procedures
- Register of Wills: The Register of Wills handles the intake of all documents. Most uncontested estates proceed through "Administrative Probate" without seeing a judge.
- Bond Requirements: A nominal bond is often required to protect the estate's value, unless waived by the will or excused by statute (e.g., if the Personal Representative is the sole heir).
- Information Report: Maryland requires an Information Report to be filed within 3 months to report assets that pass outside of probate (like joint accounts) for inheritance tax purposes.
- Publication: Notice is typically published in the Somerset County Times or Crisfield-Somerset County Times.
Always check with the Somerset County Register of Wills for the most current local rules and forms.
Timeline & Fees
Filing Fees (Somerset County)
Fees are based on the value of the probate estate:
- Small Estate ($10k - $20k): approximately $100
- Small Estate ($20k - $50k): approximately $150
- Regular Estate ($50k - $75k): approximately $200
- Regular Estate ($75k - $100k): approximately $300
- Regular Estate ($100k - $250k): approximately $400
- Regular Estate ($250k - $500k): approximately $500
- Certified copies of Letters: approximately $5 per copy
- Publication costs: approximately $100-$300 depending on the newspaper
Payment Methods
The Register of Wills accepts checks, money orders, and credit cards (Visa/Mastercard/Discover) with a service fee. Cash is generally accepted for in-person filings.
Estimated Timelines
- Small Estates: 6-9 months
- Simple Regular Estates: 9-12 months
- Complex or Contested Estates: 18 months to 2+ years
The timeline is heavily influenced by the 6-month creditor claim period and the requirement to file accounts.
Local Resources
Somerset County Court Resources
- Register of Wills Website: registers.maryland.gov
- Probate Self-Help: Maryland Register of Wills - Publications
- Maryland Probate Forms: Downloadable Forms
Legal Aid and Attorney Referrals
- Maryland State Bar Association: (410) 685-7878 — Professional association for attorneys
- Maryland Legal Aid: (410) 951-7777 — Legal assistance for low-income residents
- MSBA Lawyer Referral: msba.org
Publication
- Somerset County Times: (410) 968-1800 — General circulation newspaper
- Daily Times (Salisbury): (410) 749-7171 — Regional newspaper covering Somerset