How Long Does Probate Take in Maryland?

What Affects How Long Probate Takes

Common factors include:

• whether there is a valid will
• the size and complexity of the estate
• required waiting periods under state law
• court workload and processing time
• whether the estate is contested

These factors influence how much time the court needs to process the estate and whether additional review or waiting periods apply.

Typical Probate Timeline in Maryland

While every case is different, probate generally follows these steps:

• Filing with the Register of Wills (Week 1–2) The will and petition are filed with the Register of Wills in the county where the decedent lived. Maryland has a Register of Wills in each county and Baltimore City.
• Appointment of personal representative (Week 2–4) The Register of Wills issues letters of administration. Administrative probate can begin with limited court involvement.
• Inventory (Month 1–3) An inventory must be filed within three months of appointment.
• Notice to creditors (Month 1–7) Notice is published. Creditors have six months from the date of death (not from publication) to file claims.
• Payment of debts and taxes (Month 6–9) Valid claims and taxes are paid. Maryland has a state estate tax and an inheritance tax.
• Distribution to beneficiaries (Month 9–11) Remaining assets are distributed.
• Final accounting and closing (Month 10–12) A final accounting is filed with the Orphans’ Court for approval.

Short vs. Long Probate Cases

• Simple estates often complete probate closer to the lower end of the typical range.
• Contested or complex estates can take significantly longer, especially if disputes arise or assets are difficult to locate.

How Maryland Probate Differs From Other States

Maryland uses a unique dual system: the Register of Wills handles initial filings and administrative tasks, while the Orphans’ Court (a specialized probate court) handles disputes and final approvals. Maryland offers three types of administration: small estate (for estates under $50,000 or $100,000 if the sole heir is a surviving spouse), modified administration (with reduced reporting), and regular estate administration. Maryland is one of the few states with both a state estate tax and an inheritance tax.

Maryland’s Three Types of Probate

Small estate: For estates with assets of $50,000 or less (or $100,000 if the surviving spouse is the sole heir). This is a simplified process with minimal court involvement.

Modified administration: Available when all interested parties consent. This reduces reporting requirements and allows the estate to close within 12 months with a simplified final report.

Regular estate: The standard process with full court oversight, inventories, and accountings. Required for larger estates or when interested parties do not consent to modified administration.