Maryland Probate Law and How It Works

The below article is meant for informational purposes regarding the probate process in Maryland. Rockpoint Probate Funding DOES NOT provide funding services for estates based in Maryland.

Maryland’s probate system is often the last thing people want to think about while mourning a loved one. Yet understanding how it works can spare family members confusion and surprises, especially when finances are tight or an estate has multiple assets. Even if someone left a clear will, there’s a formal procedure that goes through the Orphans’ Court in the county where the deceased person resided. This process ensures any outstanding debts are paid off and that property eventually passes to the right individuals.

Below is a helpful overview of what Maryland’s probate looks like, why it can stretch out for many months, and what happens if certain estate-planning steps weren’t in place beforehand.

Why Maryland Uses the Orphans’ Court

In many states, probate occurs in a standard county court. Maryland, on the other hand, relies on the Orphans’ Court to oversee estate matters. Despite its name, this court doesn’t deal specifically with orphaned children. Instead, it handles the business of administering a deceased person’s estate. That may include verifying the will (if one exists), naming someone to manage everything, and eventually confirming that debts and taxes are paid before any inheritance is released.

This arrangement gives the court a structured way to protect everyone involved, from creditors seeking money they’re owed to heirs expecting assets. It also helps avoid conflicts that might arise if a will is ambiguous or if multiple people have claims on the same property.

The Path Through Probate

When a case first lands with the Orphans’ Court, there’s usually a petition filed along with the will (when available). The person named as executor in the will is often appointed as the personal representative. Once appointed, that representative can take charge of gathering property, notifying creditors, and handling day-to-day tasks like paying bills that still need attention.

Over time, a few more steps follow:

• Posting a Bond: The personal representative might have to provide a financial bond to protect the estate. This step is meant to prevent major errors or unethical handling of money.
• Public Notice: Maryland law requires publishing a death notice in a local newspaper for three consecutive weeks. Creditors then get up to six months to step forward with claims, which can already add a significant delay.
• Appraisals and Listings: The estate’s belongings—like a row home in Baltimore, farmland in Western Maryland, or a small business near the Eastern Shore—are appraised. Any debts uncovered along the way are paid off, as long as the Orphans’ Court agrees they’re valid.
• Accounting and Taxes: State inheritance tax or estate tax may come into play, depending on how large the estate is and who inherits. The personal representative files an official accounting with the court, detailing each expense and any distribution that’s happened.
• Distribution: Once the Orphans’ Court approves all final details, the heirs receive what was left to them under the will or, if there’s no will, under Maryland’s intestate succession rules.

This is the standard approach, and any unexpected twist—like newly discovered property or a dispute over who should get a particular asset—can add extra time. In some cases, one might see a year or more pass before an estate wraps up.

Common Delays and Why They Happen

Six months is a significant waiting period for creditors, and it’s one key reason Maryland probate can stretch out longer than the process in many other states. Another source of holdups is disagreement among heirs. For example, if siblings can’t reach consensus on how to handle a piece of family real estate, the Orphans’ Court might schedule additional hearings, pushing the timeline further.

In other instances, the will itself might be contested. Maybe a relative believes it isn’t the final version, or that the person who wrote it didn’t have the mental clarity to do so. Arguments like these need formal resolution, keeping beneficiaries in a holding pattern while the court sorts out the truth.

Then there’s the issue of large estates or assets that are tricky to value. Antique collections, specialized equipment, or an old property in a historical district could require extra appraisals or even expert opinions. Until those details are settled, distribution is likely to stay on hold.

Ways to Avoid a Full Probate Proceeding

Some people work around these hurdles by taking certain estate-planning measures:

• Living Trust
  Assets placed into a revocable living trust don’t usually end up in probate. Upon the person’s death, the named trustee can pass property directly to beneficiaries without waiting on the Orphans’ Court.
  
• Joint Ownership
  If a house or bank account is titled with rights of survivorship, ownership can go straight to the other person listed, bypassing probate for that asset.
  
• Small Estate Process
  Maryland has a simplified route if the probate assets total $50,000 or less (or $100,000 or less if the surviving spouse is the only heir). This path moves more quickly than the usual procedure, though it still involves some court paperwork.

Dying Without a Will

When someone dies without a valid will, intestate succession laws kick in. Maryland divides assets among close relatives according to a legal formula—spouse first, then children, parents, siblings, and further out if necessary. The Orphans’ Court continues to supervise, ensuring any creditors are handled and that each relevant person gets what the law says they should. Not having a will doesn’t necessarily shorten the timeline. In fact, it can sometimes lead to more confusion if distant relatives emerge or if big questions about the deceased person’s debts remain unresolved.

If Inheritance Funds Are Stuck in Probate

Waiting a year or longer can be stressful, especially if someone is counting on inherited money to pay immediate bills. While some states allow beneficiaries to apply for an inheritance advance—where a funding provider gives a portion of the expected share up front in exchange for repayment later—Maryland isn’t currently supported by some major providers. That can leave heirs in a bind if the Orphans’ Court timeline stretches out and daily expenses can’t wait.

In the absence of an advance, beneficiaries might look to other resources like temporary loans or more creative budgeting to cover the gap. Careful planning may ease the financial crunch while the estate works its way through the required steps.

Final Thoughts on Maryland Probate

While it’s understandable for someone to hope for a quick distribution of assets, Maryland’s procedures serve to protect creditors, heirs, and the integrity of any will that may exist. The Orphans’ Court has rules in place that move at a steady pace—one that doesn’t always align with a beneficiary’s immediate financial needs.

People who want to ensure their own estates avoid these lengthy proceedings often use tools like living trusts or joint ownership arrangements. Others accept that probate is necessary but plan for the possibility of a wait. Whether dealing with a straightforward situation or a more complicated set of circumstances, staying informed about how the Orphans’ Court works can reduce surprises. A clear understanding of deadlines, documentation, and potential obstacles can also help everyone focus on important tasks rather than losing time to confusion.