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Montgomery County, MD Probate Information
Quick facts
| Topic | Montgomery County information |
|---|---|
| Probate court | Orphans' Court for Montgomery County, Judicial Center, Room 322, 50 Maryland Avenue, Rockville, MD 20850-2397. The Orphans' Court is the court for estate matters in Maryland (Md. Code, Est. & Trusts § 2-101). Circuit Court judges sit as the Orphans' Court, alternately and in rotation on schedules those judges set (Md. Const. art. IV, § 20(b)). The Judiciary's Orphans' Court directory, revised June 4, 2026, publishes no fixed sitting schedule for Montgomery County. |
| Filing office | Register of Wills for Montgomery County, an elected office under Md. Const. art. IV, § 41. This is the office you contact and file with. |
| Courthouse address | Judicial Center, North Tower, Room 3220, 50 Maryland Avenue, Rockville, MD 20850. |
| Mailing address | 50 Maryland Avenue, North Tower 3220, Rockville, MD 20850, the same address as the office location. |
| Phone | Main: (240) 777-9600. New Proceedings and letters of administration for a small estate under Md. Code, Est. & Trusts § 5-601: (240) 777-9620. Hearings: (240) 777-9690. Financial Analysis for accounts and inheritance tax under Md. Code, Tax-Gen. § 7-204: (240) 777-9640. Data Processing for whether an estate has been opened or whether a paper has been filed or docketed: (240) 777-9670. Extensions and deadlines: (240) 777-9693. Records for copies and additional letters: (240) 777-9680. |
| Toll free | (888) 892-2180, toll free within Maryland. |
| Fax | (240) 777-9602. |
| [email protected]. The office publishes that documents may be emailed to it as PDF attachments of no more than 25 pages, and directs anything larger to mail, the courthouse drop box on Maryland Avenue or the office counter. Confirm with the office before treating email as the filing route for a particular paper. | |
| Hours | Monday through Friday, 8:30 a.m. to 4:30 p.m. Closed weekends and state holidays. Appointments are recommended for opening an estate, and walk-ins are welcome. The Records counter is closed to the public. |
| Probate fee | Statewide statutory sliding scale by probate estate value under Md. Code, Est. & Trusts § 2-206(b)(2), for estates opened on or after October 1, 2022: $0 under $50,000, rising to $10,000 plus 0.02% of the excess over $10,000,000. No fee is due on a small estate under ET § 5-601. The fee is assessed and collected when the first administration account is filed under ET § 2-206(b)(5)(i), not at the counter. |
| Local forms | No Montgomery County probate form or local cover sheet. The office uses the Registers of Wills' numbered statewide forms and assembled New Estate Packets. |
| E-filing | No estate e-filing through MDEC, and there is no way to open a Maryland estate online. Maryland Rule 20-101(w) excludes an Orphans' Court from the trial-court definition used for MDEC, and the Register of Wills is not a court. |
| Case search | Use the Registers of Wills' statewide Estate Search at registers.maryland.gov/RowNetWeb/Estates/frmEstateSearch2.aspx. Maryland estate records are searched there, not through Maryland Judiciary Case Search, which covers records originating in the circuit courts and the District Court. |
| Remote appearance | Not published by the office. Maryland Rules Title 21 do not extend to the Orphans' Court under Maryland Rule 1-101(u). Ask the hearings line, (240) 777-9690, before assuming a video appearance is available. |
| Drop box | The office encourages the courthouse drop box on Maryland Avenue, along with mail. |
| Website | https://registers.maryland.gov/main/montgomery.html |
Before you begin — know the assets and liabilities
Before you file, identify what the decedent owned, how each asset was titled, and what debts are secured by those assets. In Maryland, the estate route, the fee and the forms turn on the probate assets, and Montgomery's office asks new filers to call (240) 777-9620 before coming in so the papers are complete. Sunset's 2,300-institution asset discovery can help families find accounts before choosing the estate settlement path.
If you need to search for assets or a will before opening the estate, ask about a limited order. The Registers of Wills' published fee schedule lists a $2 charge for a limited order, and the Montgomery policies describe Form 1147 with Form 1148 as the request for an order directing a named institution to disclose assets in the decedent's sole name or allowing a safe-deposit-box search for a will. This is not a substitute for opening an estate when the estate is ready to be filed.
Which court handles jurisdiction
Open the estate in Montgomery County when the decedent was domiciled in Montgomery County at death. Maryland venue is based on domicile, and only one county may maintain the proceeding; if the decedent lived outside Maryland but owned Maryland property, venue is the county holding the largest part in value of the Maryland property (Md. Code, Est. & Trusts § 5-103).
The Rockville office serves Montgomery County communities including Rockville, Gaithersburg, Silver Spring, Bethesda, Germantown, Wheaton, Potomac, Takoma Park, Olney and Clarksburg. The personal representative's residence does not move the filing to another county. Montgomery's published policy says the Register will not determine venue for any estate and that the petitioner must determine venue and file appropriately.
The jurisdiction process
- Deliver the will. A custodian of the will must deliver the original will and any codicils to the Register of Wills for Montgomery County after death, even if no estate is opened (Md. Const. art. IV, § 41; Md. Code, Est. & Trusts § 4-203(b)(1)).
- Identify assets and debts. Decide whether the estate will be opened as a small estate under Md. Code, Est. & Trusts § 5-601, a regular estate, or another statewide route. Count probate assets the decedent owned alone or as a tenant in common, and use secured debts where Maryland law allows them to be netted.
- Call before coming in. Montgomery's office asks anyone opening a new estate to call the New Proceedings Division at (240) 777-9620 before visiting so the required documents are ready. Appointments are recommended for faster service, and walk-ins are welcome.
- Prepare the statewide forms. Use the Registers of Wills' statewide packets and forms. There is no Montgomery County probate form or local cover sheet.
- File with the Register. Send the papers by mail, use the courthouse drop box on Maryland Avenue, or visit the office in person at the Judicial Center, North Tower, Room 3220. The office also publishes that documents may be emailed to it as PDF attachments of no more than 25 pages, and directs larger submissions to mail, the drop box or the counter; confirm with the office before treating email as the filing route for a particular paper.
- Receive appointment and letters. In administrative probate, the Register admits the will if there is one and appoints the personal representative (Md. Code, Est. & Trusts § 5-301; ET § 5-302). Letters of administration issue from the Register; in Montgomery, the probate fee under Md. Code, Est. & Trusts § 2-206 includes twelve letters of administration in a regular estate.
- Give notice and follow the deadline schedule. The notice of appointment is published and mailed, interested persons receive notice, and Montgomery's office issues a schedule of mandatory filing deadlines at appointment.
- Use the hearings line if a court issue arises. Most estates stay with the Register, but judicial probate can be needed for contested or incomplete matters (Md. Code, Est. & Trusts § 5-402). Hearing questions go to the Orphans' Court Assistant at (240) 777-9690.
- Administer the estate. File the inventory within the statewide deadline (Md. Code, Est. & Trusts § 7-201), file administration accounts when due (Md. Code, Est. & Trusts § 7-305), and pay the probate fee when the first account is filed under ET § 2-206.
- Close the estate. The Orphans' Court for Montgomery County approves accounts and any personal representative commissions or attorney's fees; commissions are governed by Md. Code, Est. & Trusts § 7-601.
Executor duties
Montgomery publishes several office practices that matter after appointment. The office issues the personal representative a schedule of mandatory filing deadlines at appointment. If an Information Report, inventory under Md. Code, Est. & Trusts § 7-201 or account under Md. Code, Est. & Trusts § 7-305 becomes overdue, the office sends a delinquent notice giving 15 days to file before a show cause order issues.
Ask for extensions before a show cause order. Montgomery's Probate Policies and Procedures say a petition for extension filed after a show cause order has issued will be accepted for filing but not processed. To get a show cause hearing cancelled, the missing document generally must be filed five business days before the hearing date so interested persons can be told the hearing is off.
Use the department lines instead of guessing. Accounts, commissions under Md. Code, Est. & Trusts § 7-601, funeral expense petitions and inheritance tax under Md. Code, Tax-Gen. § 7-204 go to Financial Analysis at (240) 777-9640. Whether an estate has been opened or a document has been docketed goes to Data Processing at (240) 777-9670. Letters of administration under Md. Code, Est. & Trusts § 5-302 and opening questions go to New Proceedings at (240) 777-9620. Copies and additional letters go to Records at (240) 777-9680.
Maryland is the only state with both a Maryland estate tax and a Maryland inheritance tax. Form MET 1 for the estate tax is filed directly with the Comptroller within nine months after the date of death if required (Md. Code, Tax-Gen. § 7-309). Inheritance tax is assessed and collected by the Register of Wills for Montgomery County where it applies, at 10% of clear value under TG § 7-204.
Forms and documents
Probate forms in Montgomery County
Montgomery County does not publish a local probate form or local cover sheet. The Register of Wills for Montgomery County uses the statewide numbered forms and the assembled packets published by the Registers of Wills.
| Need | Forms to use | Montgomery note |
|---|---|---|
| Open a regular estate | Form 1112, Petition for Administration of Regular Estate; Form 1136, Schedule A; Form 1104, List of Interested Persons; Form 1114, Notice of Appointment, Notice to Creditors, Notice to Unknown Heirs; and bond papers Form 1115, Form 1116 or Form 1117. | Call (240) 777-9620 before coming in. The office recommends appointments for opening estates. |
| Open a small estate under Md. Code, Est. & Trusts § 5-601 | Form 1103, Petition for Administration of a Small Estate; Form 1137, Schedule B; Form 1104; Form 1118; Form 1109; Form 1124; Form 1117; and Form 1153 for firearms compliance. | A Maryland small estate under ET § 5-601 is still opened with the Register. A personal representative is appointed and letters of administration issue under Md. Code, Est. & Trusts § 5-302. |
| Out-of-state personal representative | Form 1106, Appointment of Resident Agent. | An out-of-state personal representative may serve if a Maryland resident agrees to act as resident agent on Form 1106. |
| Find assets or a will before opening | Form 1147, Petition for Limited Orders, with Form 1148, Schedule C. | The Registers of Wills' fee schedule lists a $2 limited-order charge for an order permitting an asset search or a safe-deposit-box will search. |
| Ask for fee waiver | Form 1220, Request for Waiver of Fees. | The Register must waive probate fees when the statutory conditions are met: qualifying Maryland real property is to pass to an heir living on it, or is under a tax-sale lien, and the estate cannot pay by reason of poverty (Md. Code, Est. & Trusts § 2-206(a)(4)). |
The statewide forms page instructs users to download the interactive forms, open them on a device, complete them outside the browser and print them. Montgomery also publishes its own estate booklet dated January 2026 in English and Spanish, a probate mediation brochure, and Probate Policies and Procedures dated October 1, 2025. The policies book says it is not a do-it-yourself manual and is not a set of local rules.
Local nuance
Montgomery County-specific considerations
| Local point | What it means in Montgomery County |
|---|---|
| Circuit Court judges sit as the Orphans' Court | Montgomery County does not elect Orphans' Court judges. Under Md. Const. art. IV, § 20(b), the judges of the Circuit Court for Montgomery County sit as the Orphans' Court for Montgomery County, alternately and in rotation on schedules those judges set. The Orphans' Court is the court for Maryland estate matters (Md. Code, Est. & Trusts § 2-101), but the Register of Wills remains the office where estate papers are filed (Md. Const. art. IV, § 41). |
| No fixed sitting schedule is published | The Judiciary's Orphans' Court directory, revised June 4, 2026, lists Montgomery County with rotating Circuit Court judges and publishes no day, hour or hearing window. Hearing dates come from the Register's office; call the Orphans' Court Assistant line at (240) 777-9690. |
| No de novo appeal route | Montgomery County is excluded from the circuit-court de novo appeal route (Md. Code, Cts. & Jud. Proc. § 12-502(a)(2)). An appeal from a final Orphans' Court judgment goes to the Appellate Court of Maryland under Md. Code, Cts. & Jud. Proc. § 12-501, and the notice is filed with the Register within 30 days. |
| Email and drop box | The office publishes that documents may be emailed to it as PDF attachments of no more than 25 pages, and directs anything larger to mail, the courthouse drop box on Maryland Avenue or the office counter. Its Probate Policies and Procedures dated October 1, 2025 also say that a pleading or paper may not be filed by electronic transmission, including email. Confirm with the office before treating email as the filing route for a particular paper. |
| Original will | Maryland law requires a register to accept a document filed electronically only through a system that register has established and only in accordance with the Maryland Rules, and it excludes an original will from what must be accepted; paper filing remains available (Md. Code, Est. & Trusts § 2-215). |
| Department routing | Montgomery publishes separate lines for new proceedings, hearings, financial analysis, data processing, extensions and records. The Records Department is closed to the public, so copy requests are made online or by phone. |
| Title disputes | Montgomery's estate booklet says the Orphans' Court for Montgomery County is a court of special and limited jurisdiction and does not have authority to determine legal title to assets. Those questions must be determined in the Circuit Court. |
| Mediation | The office publishes a probate mediation brochure. It says a mediator generally charges an hourly rate that is often split among the parties and can also be paid directly out of the estate. |
| Publication billing | Since December 1, 2013, the office has not collected newspaper publication fees up front for judicial hearing publications and does not bill the petitioner in a caveat proceeding; the newspaper bills the petitioner directly. |
Recent updates
| Date | Local update |
|---|---|
| June 4, 2026 | The Maryland Judiciary revised its Orphans' Court judges and registers directory. The Montgomery entry lists the court at the Judicial Center, Room 322, 50 Maryland Avenue, Rockville, with rotating Circuit Court judges and no fixed sitting schedule. |
| January 2026 | The Register of Wills for Montgomery County published a new edition of its Montgomery County estate booklet, Administering Estates in Maryland, in English and Spanish. |
| October 1, 2025 | The office published a new edition of its Probate Policies and Procedures, the office's statement of how it handles probate filings. The office says the book is not a set of local rules and is updated annually. |
| December 1, 2013 | The office stopped collecting newspaper publication fees up front for judicial hearing publications and stopped billing petitioners in caveat proceedings; the newspaper bills the petitioner directly. |
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely Montgomery County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | A home held by the spouses as tenants by the entirety or in joint tenancy with right of survivorship is usually outside the probate estate. If the only probate assets fit Maryland's small estate route under Md. Code, Est. & Trusts § 5-601, the spouse files with the Register of Wills for Montgomery County and should call (240) 777-9620 before coming in. No fee is due on a small estate under ET § 5-601. If qualifying Maryland real property is to transfer to an heir who lives on it and the estate cannot pay by reason of poverty, the Register must waive probate fees on Form 1220 under Md. Code, Est. & Trusts § 2-206(a)(4). | Sunset helps identify accounts, title patterns and beneficiary designations before the spouse chooses an estate settlement path, then assembles the packet for the Register. |
| Out-of-state adult child with a small estate | An out-of-state personal representative may serve if a Maryland resident agrees to act as resident agent on Form 1106. Montgomery accepts mail, the courthouse drop box and in-person filing, and the office publishes that PDF documents of no more than 25 pages may be emailed to [email protected]. Confirm with the office before relying on email for a particular paper. An original will is excluded from what a register must accept electronically (Md. Code, Est. & Trusts § 2-215), so plan on getting the original will to the office by a physical route. | Sunset helps the child organize assets, prepare the Maryland forms and decide whether a Rockville trip is actually needed for estate settlement. |
| Parent settling a predeceased child's estate when a home must be sold | A house in the child's sole name is a probate asset and usually points to a regular estate: Form 1112, Schedule A, Form 1104, bond or waiver paperwork, and Form 1114. The probate fee under ET § 2-206 is assessed when the first administration account is filed, not at opening. Montgomery County Land Records is the office the Register points to for deed questions, and hearing questions go to (240) 777-9690 if a dispute reaches the Orphans' Court under Md. Code, Est. & Trusts § 2-101. | Sunset helps find the mortgage, accounts and insurance, prepares a probate packet, and can connect the family with a local probate attorney if the sale or distribution becomes contested. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Register of Wills for Montgomery County | The Register's office is Maryland's probate self-help counter. The office assists with preparation of required forms and answers general questions, but it cannot give legal advice. The office also publishes a live online chat staffed during office hours. | Judicial Center, North Tower, Room 3220, 50 Maryland Avenue, Rockville. Main (240) 777-9600. New estates (240) 777-9620. Website: registers.maryland.gov/main/montgomery.html. |
| Circuit Court Public Law Library, Montgomery County | Located in the same Judicial Center. It provides legal research assistance, access to legal materials, self-help guides, forms, educational programming, copying, printing, scanning and Wi-Fi. It cannot offer legal advice, interpret the law, make endorsements or prepare documents. | North Tower, Third Floor, Room 3420. Monday through Friday, 8:00 a.m. to 4:00 p.m. (240) 777-9120. [email protected]. |
| Registers of Wills statewide pages | Statewide forms, fees, deadlines, small estate information under Md. Code, Est. & Trusts § 5-601, regular estate information, modified administration under Md. Code, Est. & Trusts § 5-702, inheritance tax under Md. Code, Tax-Gen. § 7-204 and Estate Search. | registers.maryland.gov |
| People's Law Library of Maryland | A consumer legal library with Maryland estate administration and probate articles, including first steps after a death, finding the will, deciding whether the estate is small or regular, and small-estate filing information. | peoples-law.org |
| Maryland Judiciary, wills and estates | Consumer information about wills, estates, the Register of Wills and the Orphans' Court under Md. Code, Est. & Trusts § 2-101, plus video resources on opening an estate. | mdcourts.gov/legalhelp/willsestates and mdcourts.gov/orphanscourt |
| Maryland Court Help Center | Free civil help line, but not probate help for personal representatives. The Help Center says: "We cannot help relatives or agents of the person with the legal problem as well as businesses, including sole proprietorships, LLCs, third parties, and personal representatives." | Call or chat 410-260-1392 from 8:30 a.m. until 8:00 p.m. |
| Maryland Legal Aid, Montgomery County office | Free civil legal services for financially eligible households. Its published wills and estates service is brief advice on drafting wills and advance directives, not representation of personal representatives in estate administration. | 600 Jefferson Plaza, Suite 430, Rockville, MD 20852. Local (240) 314-0373. Statewide intake 1-888-465-2468, Monday through Friday, 9:00 a.m. to 2:30 p.m. |
| Montgomery County Bar Association lawyer referral | Local lawyer referral information for people who need advice beyond what the Register's office can provide. | Lawyer Referral Line (301) 279-9100, Monday through Friday, 9:00 a.m. to 1:00 p.m. The Register also publishes (301) 424-3454. |
| Maryland Volunteer Lawyers Service | The Register points readers to this service. No scope, eligibility or intake details are stated here. | 800-510-0050. |
When to hire an attorney
Consider a Maryland probate attorney if there is a caveat, a contested appointment, a claim the personal representative wants to disallow, an elective share, a dispute over who owns an asset, or a possible appeal. Montgomery's own estate booklet says the Orphans' Court for Montgomery County cannot determine legal title to assets, and Montgomery is excluded from the de novo appeal path under Md. Code, Cts. & Jud. Proc. § 12-502, so a final Orphans' Court appeal goes to the Appellate Court of Maryland under Md. Code, Cts. & Jud. Proc. § 12-501. The Register's staff can help with forms and general questions, but not legal advice. Sunset connects families with a vetted probate attorney.
How Sunset helps
Find the accounts and assets. Sunset helps families identify accounts, property and debts before the Montgomery County filing is chosen. That gives the personal representative a clearer starting point for estate settlement and for the call to the New Proceedings Division.
Generate the probate packet. Sunset assembles the Maryland forms and organizes the information needed for the Register of Wills, including interested persons, asset details and the local filing route.
Find a local probate attorney. When an estate has a dispute, title problem, tax issue or appeal risk, Sunset can connect the family with a vetted Maryland probate attorney familiar with Montgomery County practice.
Sunset is free for families. Families can use Sunset to move from asset discovery to the probate packet to attorney connection without paying Sunset for the service.
Frequently asked questions
Where do I file probate in Montgomery County, Maryland?
File with the Register of Wills for Montgomery County at the Judicial Center in Rockville. The Register of Wills is the elected filing office under Md. Const. art. IV, § 41. The Orphans' Court for Montgomery County is the court for estate matters under Md. Code, Est. & Trusts § 2-101, but the ordinary filing counter is the Register's office.
Do I file with the Register of Wills or with the Orphans' Court in Montgomery County?
You file with the Register of Wills. In administrative probate, the Register admits the will if there is one and appoints the personal representative (Md. Code, Est. & Trusts § 5-301; ET § 5-302). The Orphans' Court under ET § 2-101 handles contested matters, account approvals, commissions and attorney's fees.
Can I file a Montgomery County estate online or by email?
There is no way to open a Maryland estate online. MDEC does not cover the Orphans' Court or the Register of Wills; Maryland Rule 20-101(w) excludes an Orphans' Court from the trial-court definition used for MDEC. Montgomery's office publishes that documents may be emailed to it as PDF attachments of no more than 25 pages, and directs anything larger to mail, the courthouse drop box on Maryland Avenue or the office counter. Its policies also say a pleading or paper may not be filed by electronic transmission, including email, so confirm with the office before relying on email for a particular paper. An original will is excluded from what a register must accept electronically (Md. Code, Est. & Trusts § 2-215).
Does Montgomery County have its own probate forms?
No. Montgomery County uses the statewide numbered forms from the Registers of Wills. For a small estate under Md. Code, Est. & Trusts § 5-601, the starting form is Form 1103. For a regular estate, the starting form is Form 1112. The office also publishes local reading materials, including its estate booklet and Probate Policies and Procedures.
What does it cost to open an estate in Montgomery County?
Maryland uses one statewide probate fee schedule, including in Montgomery County. For estates opened on or after October 1, 2022, the fee under Md. Code, Est. & Trusts § 2-206(b)(2) is $0 under $50,000, then rises by statutory tiers to $10,000 plus 0.02% of the excess over $10,000,000. No fee is due on a small estate under ET § 5-601.
When do I actually pay the Maryland probate fee in Montgomery County?
Not when you first open the estate. For a regular estate, the Register assesses and collects the probate fee when the first administration account is filed (ET § 2-206(b)(5)(i); Md. Code, Est. & Trusts § 7-305). For modified administration, the fee is due with the final report under Md. Code, Est. & Trusts § 5-702 and ET § 2-206.
Are there Orphans' Court judges in Montgomery County?
Montgomery County does not elect Orphans' Court judges. Under Md. Const. art. IV, § 20(b), the judges of the Circuit Court for Montgomery County sit as the Orphans' Court for Montgomery County, alternately and in rotation on schedules those judges set. The Judiciary's directory revised June 4, 2026 publishes no fixed Montgomery sitting schedule, so hearing dates come from the Register's office through the Orphans' Court Assistant line, (240) 777-9690.
How do I look up a Montgomery County estate?
Use the Registers of Wills' statewide Estate Search at registers.maryland.gov/RowNetWeb/Estates/frmEstateSearch2.aspx. Maryland estate records are searched through Estate Search, not through Maryland Judiciary Case Search. Case Search covers records originating in the circuit courts and the District Court. Do not assume a Montgomery start year for online records; historical depth varies by county.
Can I appear at an Orphans' Court hearing by video in Montgomery County?
Most Montgomery personal representatives never appear before a judge at all. The Maryland Judiciary says some estates proceed smoothly and, other than seeing an Orphans' Court judge's signature on estate documents, the personal representative and beneficiaries may have no direct contact with the judges. If a hearing is needed, Maryland Rules Title 21 do not extend to the Orphans' Court under Maryland Rule 1-101(u). Montgomery does not publish a remote-appearance rule, so ask the hearings line, (240) 777-9690.
Can I register a domestic partnership with the Montgomery County Register of Wills?
Yes, if the two people are domiciled in Montgomery County. Maryland law allows two individuals to register a domestic partnership by filing a Declaration of Domestic Partnership with the Register of Wills in the county where the domestic partners are domiciled (Md. Code, Est. & Trusts § 2-214). The Register may charge up to $25 to file it under ET § 2-214(c). A surviving registered domestic partner is exempt from Maryland inheritance tax for deaths on or after October 1, 2023 (Md. Code, Tax-Gen. § 7-203(l)(3)).
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.