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Frederick County, MD Probate Information
Quick facts
| Item | Frederick County details |
|---|---|
| Filing office | Register of Wills for Frederick County, Courthouse, 100 West Patrick Street, Frederick, Maryland 21701. The Register of Wills is the office you file with, and the office is an elected Maryland office under Md. Const. art. IV, § 41. |
| Probate court | Orphans' Court for Frederick County, Courthouse, 100 West Patrick Street, Frederick, MD 21701. The Orphans' Court is Maryland's probate court under Md. Code, Est. & Trusts § 2-101. |
| Mailing address | 100 West Patrick Street, Frederick, MD 21701. The mailing address is the same as the courthouse address. |
| Phone | 301-600-6565. The Maryland Judiciary publishes the same number for the Orphans' Court for Frederick County. |
| Toll-free phone | 888-258-0526 |
| Fax | 301-600-6580. The Maryland Judiciary publishes the same fax number for the Orphans' Court for Frederick County. |
| The Registers of Wills directory does not publish an email address for the Register of Wills for Frederick County and asks callers to use the telephone number instead. The Frederick office states that filings cannot be accepted through email. | |
| Hours | Monday through Friday, 8:30 a.m. to 4:30 p.m.; open to the public from 8:30 a.m. to 4:00 p.m.; closed weekends and state holidays. |
| Filing routes | Paper filing with the Register of Wills in person, by mail, or through drop boxes at the front and rear courthouse entrances. The office asks you to call 301-600-6565 before visiting. |
| Probate fee | Statewide schedule for estates opened on or after October 1, 2022, under Md. Code, Est. & Trusts § 2-206(b)(2): $0 under $50,000; $100 from $50,000 to under $100,000; $200 from $100,000 to under $500,000; $1,000 from $500,000 to under $1,000,000; $2,000 from $1,000,000 to under $2,500,000; $5,000 from $2,500,000 to under $5,000,000; $7,500 from $5,000,000 to under $7,500,000; $10,000 from $7,500,000 to under $10,000,000; $10,000 plus .02% of the excess above $10,000,000. Frederick County adds no local surcharge. |
| When the fee is collected | The probate fee under Md. Code, Est. & Trusts § 2-206 is not collected when the estate is opened. It is assessed and collected when the first administration account is filed under Md. Code, Est. & Trusts § 2-206(b)(5)(i), or under modified administration when the final report is filed under Md. Code, Est. & Trusts § 2-206(b)(4) and § 5-702. |
| Local forms | Frederick County does not publish its own probate forms or a local cover sheet. Maryland's Registers of Wills publish the statewide numbered form set. |
| E-filing status | No online estate opening. Maryland Electronic Courts (MDEC) does not cover the Orphans' Court, and the Register of Wills is not a court. See Maryland Rule 20-101(w), Committee note. Frederick also states that it cannot accept filings through email. |
| Case search | Use the Registers of Wills' statewide Estate Search at registers.maryland.gov/RowNetWeb/Estates/frmEstateSearch2.aspx and choose Frederick. Estate records are not searched through the Judiciary system for circuit court and District Court cases. |
| Orphans' Court sitting schedule | As of the Maryland Judiciary directory revised June 4, 2026, the Orphans' Court for Frederick County sits Tuesday and Thursday, 9:00 a.m. to noon. Confirm with the Register's office before travelling. |
| Remote appearance | Maryland Rules Title 21, applied by Maryland Rule 1-101(u), does not extend to the Orphans' Court. Ask the Register of Wills for Frederick County before assuming a contested matter can be heard by video. |
| Website | registers.maryland.gov/main/frederick.html |
Before you begin — know the assets and liabilities
Before you drive to the courthouse on West Patrick Street, work out what the estate actually contains. Sunset searches for assets across more than 2,300 financial institutions, so you can see the accounts, policies and debts before you choose a path for estate settlement.
That preparation matters in Frederick County because filings are paper filings. The office cannot accept filings through email, the public counter closes at 4:00 p.m., and a corrected packet means another trip, another mailing, or another use of the courthouse drop boxes. Maryland also gives families a low-cost search tool: a Limited Order, filed on Form 1147 with Schedule C on Form 1148, is listed by the Registers of Wills as $2.00 on the statewide fee page and allows a search for assets in the decedent's name alone or for a will in a safe deposit box.
Which court handles jurisdiction
Frederick County estates are filed at one courthouse in the city of Frederick. The Register of Wills for Frederick County and the Orphans' Court for Frederick County are both at 100 West Patrick Street, Frederick, Maryland 21701.
A Maryland estate is opened in the county where the decedent was domiciled at the time of death, and probate proceedings for one decedent may not be maintained in more than one county (Md. Code, Est. & Trusts § 5-103). If the decedent lived outside Maryland but owned Maryland property, venue is the county where the petitioner believes the largest part in value of the Maryland property was located at death (Md. Code, Est. & Trusts § 5-103(a)).
Frederick County municipalities include Brunswick, Burkittsville, Emmitsburg, Frederick, Middletown, Mount Airy, Myersville, New Market, Rosemont, Thurmont, Walkersville and Woodsboro. Other Frederick County places identified in the local service-area materials include Adamstown, Braddock Heights, Buckeystown, Ijamsville, Jefferson, Knoxville, Libertytown, Monrovia, Point of Rocks, Rocky Ridge and Sabillasville. Estates for decedents domiciled in those Frederick County communities are filed with the Register of Wills for Frederick County.
Probate in Frederick County runs through two offices. You file with the Register of Wills for Frederick County, an elected office under Md. Const. art. IV, § 41 that opens the estate, appoints the personal representative in administrative probate and issues letters of administration (Md. Code, Est. & Trusts §§ 5-301 and 5-302). The Orphans' Court for Frederick County is Maryland's probate court (Md. Code, Est. & Trusts § 2-101). It approves administration accounts under Md. Code, Est. & Trusts § 7-305, approves personal representative commissions under Md. Code, Est. & Trusts § 7-601, approves attorney's fees, and hears contested matters. Most families deal only with the Register.
The jurisdiction process
- Confirm Frederick County is the right jurisdiction. A Maryland estate is opened where the decedent was domiciled at the time of death, and probate proceedings may not be maintained in more than one county (Md. Code, Est. & Trusts § 5-103). If the decedent lived in Frederick County, file with the Register of Wills for Frederick County at 100 West Patrick Street, Frederick.
- File the original will with the Register of Wills for Frederick County. A custodian of the will must deliver it promptly after death to the register for the county where administration should be had, even if no estate is opened (Md. Code, Est. & Trusts § 4-203(b)(1)). Frederick accepts paper filings at the counter, by mail, or through the courthouse drop boxes. The will cannot be emailed.
- Identify assets, debts and the will before choosing the packet. If assets or a will may be in a safe deposit box or in an account nobody can identify, ask the Register about a Limited Order, filed on Form 1147 with Schedule C on Form 1148. The Registers of Wills list the Limited Order charge as $2.00 on the statewide fee page.
- Download the statewide packet and complete it on your device before printing. The Registers publish statewide packets for small estate proceedings under Md. Code, Est. & Trusts § 5-601 and regular estate proceedings. Frederick County adds no local form and no local cover sheet.
- Get the paper packet to the Register. You may file in person at the counter, by mail to 100 West Patrick Street, Frederick, MD 21701, or through the drop boxes at the front and rear courthouse entrances. The office is open to the public from 8:30 a.m. to 4:00 p.m. Monday through Friday and asks you to call 301-600-6565 before visiting.
- If the personal representative lives outside Maryland, include Form 1106, Appointment of Resident Agent, signed by a Maryland resident who agrees to serve as resident agent.
- If a firearm may be part of the estate, expect Form 1153, the affidavit of attempt to comply with federal, state and local firearms law. It is part of the statewide Small Estate Packet used for proceedings under Md. Code, Est. & Trusts § 5-601.
- The Register opens the estate. In administrative probate, the register may admit the will to probate and shall appoint one or more personal representatives, then issue letters of administration (Md. Code, Est. & Trusts §§ 5-301 and 5-302). No judge is involved in the ordinary case. Judicial probate is requested under Md. Code, Est. & Trusts § 5-402 when a court hearing is needed.
- Give notice as the packet directs. Notice of appointment, notice to creditors and notice to unknown heirs is Form 1114 for a regular estate and Form 1109 for a small estate under Md. Code, Est. & Trusts § 5-601. The List of Interested Persons is Form 1104.
- Track the different deadline anchors. The List of Interested Persons is due within 20 days of appointment. The Inventory and Information Report are due within 3 months of appointment (Md. Code, Est. & Trusts § 7-201). The first administration account is due within 9 months of appointment (Md. Code, Est. & Trusts § 7-305). A claim against the estate is forever barred unless presented within the earlier of 6 months after the date of the decedent's death or 2 months after the personal representative mails or otherwise delivers the required notice to the creditor (Md. Code, Est. & Trusts § 8-103(a)). Claims are filed on Form 1128, and the Registers publish a claim fee of $3.00 on the statewide fee page.
- Pay the probate fee when it is assessed. For estates opened on or after October 1, 2022, the probate fee is set by Md. Code, Est. & Trusts § 2-206(b)(2). The Register assesses and collects it when the first administration account is filed under Md. Code, Est. & Trusts § 2-206(b)(5)(i), or under modified administration when the final report is filed under Md. Code, Est. & Trusts §§ 2-206(b)(4) and 5-702. If the decedent's Maryland real property is going to an heir who lives on it, or is under a lien and subject to tax sale, and the estate cannot pay by reason of poverty, the Register must waive the fees under Md. Code, Est. & Trusts § 2-206(a)(4). Ask about Form 1220, Request for Waiver of Fees.
- Confirm whether a court appearance is actually needed. As of the Maryland Judiciary's Orphans' Court directory revised June 4, 2026, the Orphans' Court for Frederick County sits Tuesday and Thursday from 9:00 a.m. to noon at 100 West Patrick Street. Frederick County elects three Orphans' Court judges, and they sit together as a panel. Many estates have no direct contact with the judges, but contested matters and approvals go through the Orphans' Court under Md. Code, Est. & Trusts § 2-101.
Forms and documents
Probate forms in Frederick County
Frederick County does not publish its own probate forms or a local cover sheet. The Register of Wills for Frederick County uses Maryland's statewide, numbered Registers of Wills form set.
| Need | Frederick County filing point |
|---|---|
| Open a small estate | Use the statewide small estate forms for proceedings under Md. Code, Est. & Trusts § 5-601, including Form 1103, Petition for Administration of a Small Estate, and Form 1104, List of Interested Persons. |
| Open a regular estate | Use Form 1112, Petition for Administration of Regular Estate, with the statewide regular estate packet. |
| Out-of-state personal representative | Use Form 1106, Appointment of Resident Agent, signed by a Maryland resident who agrees to act as resident agent. |
| Find assets or a will before opening | Ask about a Limited Order on Form 1147 with Schedule C on Form 1148. The Registers list the Limited Order charge as $2.00 on the statewide fee page. |
| Possible firearms in the estate | Expect Form 1153, Affidavit of Attempt to Comply with Federal, State, and Local Laws Related to Firearms, Ammunition, and Destructive Devices. It is included in the statewide Small Estate Packet for proceedings under Md. Code, Est. & Trusts § 5-601. |
| Fee waiver | Ask about Form 1220, Request for Waiver of Fees, when the conditions in Md. Code, Est. & Trusts § 2-206(a)(4) apply. |
The Registers' forms page instructs users to download the forms, complete them using software on their own device, then print them. Frederick estate filings are paper filings with the Register of Wills, not online submissions.
Local nuance
Frederick County-specific considerations
| Local point | What it means for a Frederick County estate |
|---|---|
| Public counter cutoff | The Register of Wills for Frederick County lists office hours of 8:30 a.m. to 4:30 p.m. Monday through Friday, but also states that the office is open to the public from 8:30 a.m. to 4:00 p.m. Arrive before 4:00 p.m. if you need counter service. |
| Drop boxes | The office maintains drop boxes at the front and rear courthouse entrances. Those are paper-filing routes, along with mail and the public counter. |
| No email filing | The Frederick office states that filings cannot be accepted through email, and the Registers of Wills directory does not publish an email address for this office. Use the counter, mail or drop boxes. |
| One courthouse address | The Register of Wills and the Orphans' Court are both at 100 West Patrick Street in Frederick. The Judiciary publishes the same phone and fax for the Orphans' Court that the Register publishes for itself. |
| Three-judge panel | Frederick County elects three Orphans' Court judges under Md. Const. art. IV, § 40. Because Frederick is not one of the Maryland jurisdictions where a single lawyer-judge may preside alone, the three judges sit together as a panel when a matter is heard. |
| Sitting schedule | As of the Maryland Judiciary directory revised June 4, 2026, the Orphans' Court for Frederick County sits Tuesday and Thursday from 9:00 a.m. to noon. Confirm the current schedule with the Register before travelling. |
| Appeals | A party who loses in the Orphans' Court for Frederick County may appeal directly to the Appellate Court of Maryland under Md. Code, Cts. & Jud. Proc. § 12-501 or take a de novo appeal to the Circuit Court for Frederick County under Md. Code, Cts. & Jud. Proc. § 12-502. Either way, the notice of appeal is filed with the Register of Wills within 30 days under Md. Code, Cts. & Jud. Proc. § 12-502(b)(1). |
Recent updates
| Update | Frederick County impact |
|---|---|
| Orphans' Court directory revised June 4, 2026 | The Maryland Judiciary directory is the source for the Frederick sitting schedule, phone and fax for the Orphans' Court for Frederick County. |
| Probate fee schedule effective October 1, 2022 | The current statewide probate fee schedule applies in Frederick County under Md. Code, Est. & Trusts § 2-206(b)(2) for estates opened on or after October 1, 2022. The earlier schedule still appears on the Registers' fee page but does not apply to an estate opened now. |
| Forms revised 2025/10 | Statewide notice forms used in Frederick County, including Form 1114 and Form 1109, carry revision date 2025/10, and the statewide Small Estate Packet for proceedings under Md. Code, Est. & Trusts § 5-601 and Regular Estate Packet were both revised 2025/10. |
Page last reviewed: August 2026.
Scenarios
| Scenario | Frederick County path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | Start with how the Frederick County home is titled. Property that passes by operation of law may not be part of the probate estate. If an estate is opened, Maryland's small estate value rule is in Md. Code, Est. & Trusts § 5-601, and fee-waiver questions go to the Register under Md. Code, Est. & Trusts § 2-206(a)(4) when the real property is going to an heir who lives there and the estate cannot pay by reason of poverty. | Sunset assembles the account and property picture, helps identify debts tied to the home, and generates the Frederick County packet for estate settlement. |
| Out-of-state adult child w/ small estate | An out-of-state resident may serve as personal representative if a Maryland resident signs Form 1106, Appointment of Resident Agent. For a small estate under Md. Code, Est. & Trusts § 5-601, plan on mail to 100 West Patrick Street, the courthouse drop boxes, or one trip timed before the public counter closes at 4:00 p.m. Frederick does not accept filings through email. | Sunset builds the packet remotely, flags what needs a Maryland resident agent signature, and helps you avoid a second trip to the courthouse. |
| Parent settling predeceased child's estate, home must be sold | A home sale can lengthen administration. The Orphans' Court for Frederick County approves administration accounts under Md. Code, Est. & Trusts § 7-305 and personal representative commissions under Md. Code, Est. & Trusts § 7-601. A claim against the estate is forever barred unless presented within the earlier of 6 months after the date of death or 2 months after the personal representative mails or otherwise delivers the required notice (Md. Code, Est. & Trusts § 8-103(a)). | Sunset helps find accounts, mortgages and liens needed for the inventory under Md. Code, Est. & Trusts § 7-201 and for later accountings. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Register of Wills for Frederick County | The filing office for Frederick County estates. The Register may answer general questions and assist with preparation of required forms, but cannot give legal advice. The Register also determines and collects Maryland inheritance tax under Md. Code, Tax-Gen. § 7-204. | 100 West Patrick Street, Frederick, MD 21701; 301-600-6565; toll free 888-258-0526; registers.maryland.gov/main/frederick.html |
| Registers of Wills statewide pages | Statewide forms, packets, fee schedule under Md. Code, Est. & Trusts § 2-206, deadlines, small estate information under Md. Code, Est. & Trusts § 5-601, regular estate information and inheritance tax information under Md. Code, Tax-Gen. § 7-204. | registers.maryland.gov/main/forms.html; registers.maryland.gov/main/fees.html; registers.maryland.gov/main/deadlines.html |
| Maryland Estate Search | The statewide estate lookup run by the Registers of Wills. Choose Frederick from the county selector. Basic estate information and dockets are free; PDFs are listed at $0.50 per page on the Registers' statewide FAQ. | registers.maryland.gov/RowNetWeb/Estates/frmEstateSearch2.aspx |
| Maryland Judiciary Orphans' Court and Wills and Estates pages | Judiciary explanations of the Orphans' Court under Md. Code, Est. & Trusts § 2-101, the Register of Wills role under Md. Const. art. IV, § 41, and video resources on preparing to open an estate. | mdcourts.gov/orphanscourt; mdcourts.gov/legalhelp/willsestates; mdcourts.gov/reference/openanestatevideolibrary |
| People's Law Library of Maryland | A Judiciary-linked consumer legal library with estate administration and probate articles. It is a library, not a legal advice provider. | peoples-law.org/cat/wills-estates-probate/estate-administration-probate |
| Maryland Legal Aid, Midwestern Maryland Office | Free civil legal services for financially eligible households. Its published wills and estates service is brief advice for drafting wills and advance directives, not published representation of personal representatives in estate administration. | 22 S. Market St., Ste. 11, Frederick, MD 21701; 301-694-7414; statewide intake 1-888-465-2468, Monday through Friday, 9:00 a.m. to 2:30 p.m. |
| Maryland Court Help Centers | Free limited legal help in civil cases for self-represented individuals, but the Help Centers state that they cannot help personal representatives. Use this resource for its covered civil case types, not for opening a Frederick County estate. | 410-260-1392, 8:30 a.m. to 8:00 p.m.; mdcourts.gov/helpcenter |
| Other numbers published by the Frederick office | The Frederick Register publishes numbers for the Comptroller of Maryland estate tax division, death certificates, the Maryland State Bar Association and Volunteer Lawyers Service. The Maryland estate tax return is governed by Md. Code, Tax-Gen. § 7-309 and goes to the Comptroller, not the Register. | Comptroller estate tax line 410-260-7850; Vital Statistics Administration 877-463-3464; Maryland State Bar Association 800-492-1964; Volunteer Lawyers Service 800-510-0050 |
When to hire an attorney
Consider a Maryland probate attorney if there is a will contest, a dispute over who should serve as personal representative, a home that must be sold, a creditor dispute under Md. Code, Est. & Trusts § 8-103, a commission issue under Md. Code, Est. & Trusts § 7-601, Maryland inheritance tax questions under Md. Code, Tax-Gen. § 7-204, or a Maryland estate tax return under Md. Code, Tax-Gen. § 7-309. The Register of Wills can help with required forms but cannot give legal advice. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset helps families build the asset picture before they file, so the personal representative can choose the right Frederick County path and avoid correcting a paper packet after the courthouse trip.
Generate the probate packet. Sunset assembles the Maryland forms used by the Register of Wills for Frederick County, including the right petition, interested-person list, resident-agent form when needed, and supporting schedules for estate settlement.
Find a local probate attorney. If the estate has a dispute, a real estate sale, tax issues, or a court hearing, Sunset can connect the family with a vetted Maryland probate attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement, prepare documents, and understand next steps without paying Sunset.
Frequently asked questions
Where do I file probate in Frederick County, Maryland?
File with the Register of Wills for Frederick County at the courthouse, 100 West Patrick Street, Frederick, Maryland 21701. Maryland venue is based on where the decedent was domiciled at death, and only one county may maintain the probate proceeding (Md. Code, Est. & Trusts § 5-103). The Orphans' Court for Frederick County is Maryland's probate court under Md. Code, Est. & Trusts § 2-101, but the filing goes to the Register of Wills, an elected office under Md. Const. art. IV, § 41.
Can I open an estate online or by email in Frederick County?
No online estate opening is published for Frederick County. Maryland Electronic Courts (MDEC) does not cover the Orphans' Court, and the Register of Wills is not a court (Maryland Rule 20-101(w), Committee note). Frederick states that filings cannot be accepted through email. Use the counter, mail, or the courthouse drop boxes.
What are the Register of Wills office hours in Frederick County, and is there a drop box?
The Register of Wills for Frederick County lists hours of Monday through Friday, 8:30 a.m. to 4:30 p.m., with the office open to the public from 8:30 a.m. to 4:00 p.m. The office maintains drop boxes at the front and rear courthouse entrances and asks you to call 301-600-6565 before visiting.
What does it cost to open an estate in Frederick County?
Frederick County uses Maryland's statewide probate fee schedule under Md. Code, Est. & Trusts § 2-206(b)(2), for estates opened on or after October 1, 2022. The schedule is based on the value of the probate estate, and Frederick adds no local surcharge. The fee is not collected when you open the estate; it is collected when the first administration account is filed under Md. Code, Est. & Trusts § 2-206(b)(5)(i), or under modified administration when the final report is filed under Md. Code, Est. & Trusts §§ 2-206(b)(4) and 5-702.
When does the Orphans' Court for Frederick County sit, and will I have to go?
As of the Maryland Judiciary's Orphans' Court directory revised June 4, 2026, the Orphans' Court for Frederick County sits Tuesday and Thursday from 9:00 a.m. to noon. The Orphans' Court is Maryland's probate court under Md. Code, Est. & Trusts § 2-101. Most estates proceed through the Register, and many families have no direct contact with the judges. Confirm the current schedule before travelling.
Can I appear remotely in the Orphans' Court for Frederick County?
Maryland Rules Title 21, applied by Maryland Rule 1-101(u), reaches the Supreme Court of Maryland, the Appellate Court of Maryland, the circuit courts and the District Court. It does not extend to the Orphans' Court under Md. Code, Est. & Trusts § 2-101. Ask the Register of Wills for Frederick County before assuming a contested matter can be heard by video.
How do I look up an estate filed in Frederick County?
Use the Registers of Wills' statewide Estate Search at registers.maryland.gov/RowNetWeb/Estates/frmEstateSearch2.aspx and choose Frederick from the county selector. Estate Search shows Register of Wills cases statewide; historical depth varies by county.
Does Frederick County have its own probate forms?
Frederick County does not publish its own probate forms or a local cover sheet. Use the Maryland Registers of Wills statewide forms. For a small estate under Md. Code, Est. & Trusts § 5-601, the statewide packet includes Form 1103 and related forms. For a Limited Order to search for assets or a will before opening an estate, use Form 1147 with Schedule C on Form 1148.
I live out of state. Can I be the personal representative of a Frederick County estate?
Yes, if a Maryland resident agrees to act as resident agent and signs Form 1106, Appointment of Resident Agent. Because Frederick does not accept filings through email, plan on mailing the packet, using the courthouse drop boxes, or making one trip before the public counter closes at 4:00 p.m.
Can the Register of Wills for Frederick County help me fill out the forms?
The Register of Wills for Frederick County may answer general questions about estate administration and wills and may assist with preparation of required forms, but the office cannot give legal advice. The Register also handles Maryland's domestic partnership registration function for people domiciled in the county under Md. Code, Est. & Trusts § 2-214; the Registers publish a $25.00 declaration filing fee and $2.00 per additional certificate on the statewide fee page.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.