Overview
Washington County is located in Maryland with a population of approximately 157,228. The Register of Wills / 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 Md. Code Ann., Est. & Trusts §§ 5-101 et seq. 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). This process uses Form RW1103 and has reduced fees and requirements.
Maryland law sets a statutory fee schedule for personal representatives (commissions) and attorneys, generally capped at 9% of the first $20,000 and 3.6% of the balance.
This guide provides an informational overview of the Washington 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 / Orphans' Court
Probate matters in Washington County are handled at the Washington County Circuit Courthouse.
Address: 100 W. Washington Street, Suite 3400, Hagerstown, MD 21740
Phone: (301) 739-3612 (Register of Wills)
Hours: Monday through Friday, 8:30 AM to 4:00 PM
The Register of Wills is located in Suite 3400. The Orphans' Court presides over contested matters and hearings.
Parking and Access
Public parking is available at the City of Hagerstown parking deck (25 N. Potomac St) for approximately $1.00/hour. Metered street parking is also available surrounding the courthouse.
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 spouse is the sole heir).
- Modified Administration: Available if the residuary legatees are limited to the personal representative, spouse, or children, allowing for a streamlined timeline (Form RW1141).
- 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:
- Schedule A (Regular Estate)
- Original Last Will and Testament (if any)
- Certified copy of the death certificate
- Applicable filing fee (based on estate value)
- List of Interested Persons (Form RW1104)
Washington County utilizes MDEC (Maryland Electronic Courts). While original wills must be filed in person or by mail, subsequent documents may be e-filed.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties at least 20 days before the hearing (if judicial probate is required)
- Publish notice in a newspaper of general circulation in Washington County for three successive weeks
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 2 to 4 weeks after filing if judicial probate is required. For administrative probate (uncontested), the Register of Wills may appoint the personal representative without a formal hearing.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors — creditors have 6 months from the date of death to file claims
- Inventory and appraise all estate assets within 3 months of appointment
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting and petition for discharge
Local Requirements
Washington County-Specific Procedures
- MDEC E-Filing: Attorneys are required to e-file; self-represented litigants may e-file but are not required.
- Bond: Nominal bond is often required even if waived in the will; full bond required for intestate estates unless waived by all interested persons.
- Information Report: Must be filed within 3 months to report non-probate assets for tax purposes.
- Publication: Notice must be published in a newspaper of general circulation in Washington County for three successive weeks.
The Register of Wills typically prepares the Notice of Appointment for publication, but the Personal Representative is responsible for the cost.
Timeline & Fees
Filing Fees (Washington County)
- Small Estate ($5,000-$10,000): $50
- Regular Estate ($20,000-$50,000): $150
- Regular Estate ($100,000-$250,000): $400
- Certified copies of Letters: approximately $5-$10 per certified copy
- Publication costs: approximately $50-$100 depending on the newspaper
- Will of No Estate: $0 (or nominal safekeeping fee)
Commissions: Up to 9% of the first $20,000 and 3.6% of the balance.
Payment Methods
The court accepts checks, money orders, and credit cards (with service fee).
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 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
Washington County Court Resources
- Court Website: registers.maryland.gov
- Probate Self-Help: Maryland Register of Wills - Washington County
- Maryland Probate Forms: Forms Page
Legal Aid and Attorney Referrals
- Maryland Legal Aid: (800) 999-8904 — Legal assistance for low-income residents
- MSBA Resources: msba.org
Publication
- The Herald-Mail: (301) 733-5131 — Newspaper of general circulation
- The Daily Record: (443) 524-8100 — Statewide legal publication