Probate Court USA 3,144 counties · 50 states + D.C.
Find a county
Docket No. 24043 · Maryland

Washington County
Probate Court

In Maryland, estates are probated in the Orphans' Court / Register of Wills. This page gathers where to file in Washington County, the state rules that apply, and where every detail comes from.

County website ↗ Directions ↗
County seat
Hagerstown
Population
155,813
Court
Orphans' Court / Register of Wills
Record
Courthouse mapped
MD · 2404339°36′ N · 77°49′ W
● Washington County Courthouse
located via OpenStreetMap
Small-estate limit
$50,000
No statutory waiting period
Creditor window
6 months
Md. Code, Est. & Trusts § 8-103
Executor fee
By statute
Percentage set by statute
Death taxes
Yes
Estate + inheritance tax
§ I

Where to file in Washington 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.
County building
Washington County Courthouse 24 Summit Avenue, Hagerstown, MD 21740 OpenStreetMap · view the map entry
Phone
No phone number published in an open source. Use the county website's contact page — we don't list numbers we can't source.
Opening hours
Not published in an open source. Check the court or county website before you go.
County website
washco-md.netWikidata
State courts & e-filing
registers.maryland.govCase search: Maryland Register of Wills Estate Search Portal
§ II

How probate runs in Washington County

Six stages, with the Maryland rules that set the pace.

  1. 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).

  2. 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.

  3. 03

    Petition the court

    File the petition with the Orphans' Court / Register of Wills for Washington County. The court appoints the executor or administrator and issues letters.

  4. 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.

  5. 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.

  6. 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.

Need help with an estate in Washington County, Maryland?

Where to get help.

We don't sell leads or take referral fees. Eligibility, availability and fees depend on the provider; confirm them directly.

  1. 01 Maryland courts — self-help & formsOfficial judiciary website: forms, filing rules and e-filing.
  2. 02 Legal aid directory — LawHelp.orgNonprofit directory of free and low-cost legal aid by state, including probate and estates.
  3. 03 Find a probate lawyer — American Bar AssociationState-by-state links to bar lawyer-referral services and pro bono programs.
§ III

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

§ IV

Neighbouring probate courts

WashingtonFrederickCarrollMontgomeryAlleganyHoward
Related officeWashington County Clerk & RecorderDeath certificates, recorded deeds and marriage records for the estate file.uscountyclerks.com ↗ Related officeWashington County Property AppraiserAssessed values and parcel records for the estate inventory.uspropertyappraisers.com ↗
§ V

Questions about Washington County probate

Where is the Washington County Probate Court located?
In Maryland, probate is handled by the Orphans' Court / Register of Wills. The Washington County Courthouse is mapped in OpenStreetMap at 24 Summit Avenue, Hagerstown, MD 21740. Check the official county website (washco-md.net) to confirm which counter or building handles probate filings.
What is the small estate affidavit limit in Washington County, MD?
Small-estate rules are set by state law, so they are the same in every Maryland county: $50,000 ($100,000 if surviving spouse is sole legatee/heir) - small estate administration, not an affidavit (Md. Code, Est. & Trusts § 5-601).
How do I search probate case records in Washington County?
Start with the Maryland judiciary website (registers.maryland.gov), which points to Maryland Register of Wills Estate Search Portal. Older files and certified copies are requested from the probate clerk in Hagerstown.
What are the deadlines for filing a will and creditor claims in Washington County?
Will: No fixed deadline: after death the custodian must deliver the will to the Register of Wills (Md. Code, Est. & Trusts § 4-203). Creditors: 6 months from the date of decedent's death, or 2 months after direct notice (Md. Code, Est. & Trusts § 8-103).
How much can an executor charge in Washington County?
Maryland rule: 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). You can estimate the amount with our executor fee calculator.