Overview
Wicomico County is located in Maryland with a population of approximately 106,329. The Register of Wills for Wicomico 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 Maryland Code, 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 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 legatee or heir).
Fees: Maryland probate fees are determined by a statutory schedule based on the value of the probate estate. For example, fees range from $50 for estates between $5,000-$10,000 up to $2,500+ for multi-million dollar estates.
This guide provides an informational overview of the Wicomico 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 Wicomico County
Probate matters in Wicomico County are handled at the Wicomico County Circuit Court.
Address: 101 North Division Street, Room 102, Salisbury, MD 21801
Phone: (410) 543-6635 (Register of Wills)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The Register of Wills office is located in Room 102 of the courthouse. This office is responsible for appointing personal representatives, collecting inheritance taxes, and maintaining all probate records.
Parking and Access
Metered street parking is available on Main and Division Streets. A public parking garage is located nearby; turn left at the second stoplight after turning onto Division Street to access it. There is also a public lot (Lot #10) located behind the District Court building near the intersection of N. Salisbury Blvd and Calvert Street.
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 if 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
- Schedule A (Regular Estate) or Schedule B (Small Estate) listing assets
- List of Interested Persons (Form RW1104)
- 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 persons within 20 days of appointment.
- Publish notice in a newspaper of general circulation in Wicomico County (such as The Daily Times) once a week for three successive weeks. The Register of Wills often assists with arranging this publication.
Step 4: Attend the Hearing
Most administrative probate matters do not require a formal hearing unless there is a dispute or the will is contested. If the estate is "judicial probate" (contested), a hearing will be scheduled with the Orphans' Court.
Step 5: Administer the Estate
After receiving Letters of Administration, the personal representative must:
- Inventory and Information Report: File within 3 months of appointment.
- Creditor Claims: The deadline for creditors to file claims is generally 6 months from the date of the decedent's death.
- Accounts: File an initial administration account within 9 months of appointment.
- Taxes: Pay any necessary inheritance or estate taxes.
- Distribution: Distribute assets after all debts and taxes are paid and the final account is approved.
Local Requirements
Wicomico County-Specific Procedures
- Publication: The Register of Wills typically prepares the Notice of Appointment for publication. The personal representative must designate an approved newspaper (e.g., The Daily Times).
- Bond Requirements: A nominal bond is usually required, but full bond may be waived if the will requests it or all interested persons consent (and the court approves).
- Orphans' Court: Wicomico County has an Orphans' Court that presides over contested matters and litigation regarding estates.
- Inheritance Tax: Maryland has a 10% inheritance tax on property passing to nieces, nephews, and friends (lineal descendants and spouses are exempt). This is collected by the Register of Wills.
Timeline & Fees
Filing Fees (Wicomico 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 $1M: $1,000 + .02% of excess
Payment Methods
The Register of Wills accepts checks, money orders, and cash. Credit cards may be accepted but often carry a convenience fee.
Estimated Timelines
- Small Estates: 4-6 months
- Regular Estates (Simple): 9-12 months
- Complex or Contested Estates: 12 months to 2+ years
Key deadlines: Inventory (3 months), Creditor Claims (6 months from death), First Account (9 months).
Local Resources
Wicomico County Court Resources
- Register of Wills Website: registers.maryland.gov
- Probate Forms: Maryland Register of Wills Forms
- Estate Search: Maryland Estate Search
Legal Aid and Attorney Referrals
- Wicomico County Bar Association: Local attorney listings.
- Maryland Legal Aid (Lower Eastern Shore): (410) 546-5511 — Provides civil legal help to low-income residents.
- Maryland State Bar Association Referral: msba.org
Publication
- The Daily Times: (410) 749-7171 — Major newspaper for legal notices in Salisbury/Wicomico.