Montgomery County
Probate Court
In Maryland, estates are probated in the Orphans' Court / Register of Wills. This page gathers where to file in Montgomery County, the state rules that apply, and where every detail comes from.
located via OpenStreetMap
Where to file in Montgomery County
- Handled by
- Orphans' Court / Register of WillsIn Maryland, probate is administered by the Register of Wills and the Orphans' Court in each of the 23 counties and Baltimore City. The Orphans' Court is Maryland's specialized court for wills and estates.
- Probate office
- Register of Wills for Montgomery County 50 Maryland Ave, North Tower Room 3220, Rockville, MD 20850 (240) 777-9600 Checked on the court's website, Sept 2026 · registers.maryland.gov
- County building
- Montgomery County Courthouse 27 Courthouse Square, Rockville, MD OpenStreetMap · view the map entry
- Phone
- (240) 777-9600court website
- Opening hours
- Not published in an open source. Check the court or county website before you go.
- County website
- montgomerycountymd.govcounty website
- Court website
- registers.maryland.gov/main/montgomery.html
- State courts & e-filing
- registers.maryland.govCase search: Maryland Register of Wills Estate Search Portal
How probate runs in Montgomery County
Six stages, with the Maryland rules that set the pace.
- 01
Secure the original will
Find the original signed will and order certified death certificates. Maryland deadline: No fixed deadline: after death the custodian must deliver the will to the Register of Wills (Md. Code, Est. & Trusts § 4-203).
- 02
Pick the right track
If the probate estate is under $50,000, a small-estate procedure (Md. Code, Est. & Trusts § 5-601) may avoid full administration.
- 03
Petition the court
File the petition with the Orphans' Court / Register of Wills for Montgomery County. The court appoints the executor or administrator and issues letters.
- 04
Inventory the estate
Open an estate bank account (the IRS issues the EIN), list assets at date-of-death values and file the inventory if the court requires it.
- 05
Notify creditors
Publish or send notice to creditors. Window: 6 months from the date of decedent's death, or 2 months after direct notice.
- 06
Account and distribute
Pay debts, taxes and fees (Md. Code, Est. & Trusts § 7-601), file the final account if required, distribute to heirs and ask to close the estate.
Where to get help.
We don't sell leads or take referral fees. Eligibility, availability and fees depend on the provider; confirm them directly.
- 01 Maryland courts — self-help & formsOfficial judiciary website: forms, filing rules and e-filing.
- 02 Legal aid directory — LawHelp.orgNonprofit directory of free and low-cost legal aid by state, including probate and estates.
- 03 Find a probate lawyer — American Bar AssociationState-by-state links to bar lawyer-referral services and pro bono programs.
Maryland rules that apply here
Probate law is state law — these apply in all 24 Maryland counties.
- Small estates
- $50,000 ($100,000 if surviving spouse is sole legatee/heir) - small estate administration, not an affidavitMd. Code, Est. & Trusts § 5-601
- Filing the will
- No fixed deadline: after death the custodian must deliver the will to the Register of Wills (Md. Code, Est. & Trusts § 4-203)
- Creditor claims
- 6 months from the date of decedent's death, or 2 months after direct noticeMd. Code, Est. & Trusts § 8-103
- Executor fees
- Statutory Commission Sliding Scale: 9% on first $20,000 + 3.6% on balance over $20,000 (Md. Code Est. & Trusts § 7-601)Md. Code, Est. & Trusts § 7-601 · estimate the fee
- Handwritten wills
- Not recognized without witnesses. Maryland recognizes holographic wills ONLY if executed by individuals in actual military service outside the US, and expires one year after discharge (Md. Code ET § 4-103).
- Estate tax
- Yes — exemption $5 million.Maryland imposes an estate tax on estates exceeding $5.0 million (top rate 16%). Maryland is the ONLY state with both an estate tax and an inheritance tax.
- Inheritance tax
- Yes.Maryland imposes a 10% inheritance tax on transfers to collateral heirs (siblings, nieces, nephews, friends). Direct lineal relatives (spouse, children, grandchildren) are exempt.
- Typical duration
- 9 to 15 monthsA lawyer is not required by statute, though most formal estates use one.
Rules re-checked Sept 2026 against: law.justia.com (statute) · registers.maryland.gov