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St. Mary's County, MD Probate Information
Quick facts
| Item | St. Mary's County information |
|---|---|
| Filing office | Register of Wills for St. Mary's County, Courthouse, 41605 Courthouse Drive, Room G008, Leonardtown, Maryland 20650. The Register is the office you file with (Md. Const. art. IV, § 41). |
| Mailing address | Register of Wills, St. Mary's County, P.O. Box 602, Leonardtown, MD 20650. Mail filings to the P.O. Box. The office states that U.S. Postal Service mail sent to the physical address at 41605 Courthouse Drive will be returned to sender. |
| Phone | 301-475-5566; toll free 888-475-4821. |
| Fax | 301-475-4968. |
| [email protected] for general questions. The office states that it cannot accept filings through email. | |
| Hours | Monday through Friday, 8:30 a.m. to 4:30 p.m.; closed weekends and state holidays. The office recommends calling during business hours before coming in. |
| Probate court | Orphans' Court for St. Mary's County, John Hanson Briscoe Circuit Courthouse, 41605 Courthouse Drive, Leonardtown, MD 20650. The Orphans' Court is the court for estates under Md. Code, Est. & Trusts § 2-101. |
| Court sitting schedule | As of the Maryland Judiciary directory revised June 4, 2026, the Orphans' Court for St. Mary's County sits on the second and fourth Tuesday, beginning at 10:00 a.m. and continuing until the docket is completed. Confirm with the Register's office before travelling. |
| Filing fee | Maryland uses one statewide probate fee schedule for estates opened on or after October 1, 2022 (Md. Code, Est. & Trusts § 2-206(b)(2)); St. Mary's County adds no local surcharge. The Register assesses and collects the fee when the first administration account is filed (Md. Code, Est. & Trusts §§ 2-206(b)(5)(i) and 7-305), or when the final report is filed under modified administration (Md. Code, Est. & Trusts §§ 2-206(b)(4) and 5-702). |
| Forms | No St. Mary's County probate form set and no local cover sheet. Use the statewide numbered Register of Wills forms and packets. |
| E-filing | Estate filings are paper filings with the Register of Wills. Maryland Electronic Courts (MDEC) covers circuit courts and the District Court; it does not cover the Orphans' Court (Maryland Rule 20-101(w), Committee note), 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 and choose St. Mary's from the county list. Do not use Maryland Judiciary Case Search for an estate opened with the Register. |
| Remote appearance | Maryland Rules Title 21 apply to the Supreme Court of Maryland, the Appellate Court of Maryland, the circuit courts and the District Court, not the Orphans' Court (Maryland Rule 1-101(u)). Ask the Register before assuming a matter can be heard by video. |
| Website | registers.maryland.gov/main/stmarys.html |
Before you begin — know the assets and liabilities
Before you drive to Leonardtown, 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 filing path. That helps keep the estate settlement from being delayed by missing assets or a packet that has to be corrected.
Two St. Mary's County facts make that homework especially useful. The office cannot accept filings by email, so a corrected packet means another trip to Room G008 or another envelope. That envelope must go to P.O. Box 602, not to Courthouse Drive, because the office states that mail sent to its street address is returned by the Postal Service. If assets or a will may need to be located first, ask the Register about a Limited Order. The Registers' fee page lists a Limited Order at $2.00, and Form 1147 with Schedule C on Form 1148 can authorize a search for assets in the decedent's name alone or for a will in a safe deposit box.
Which court handles jurisdiction
St. Mary's County estates are filed at the Register of Wills for St. Mary's County in Leonardtown. The same courthouse at 41605 Courthouse Drive houses the Register, the Orphans' Court for St. Mary's County and the Circuit Court for St. Mary's County, but the probate filing counter is the Register's office in Room G008.
Probate in St. Mary's County runs through two offices. You file with the Register of Wills for St. Mary's County, an elected office that opens the estate, appoints the personal representative in administrative probate and issues letters of administration (Md. Const. art. IV, § 41; Md. Code, Est. & Trusts §§ 5-301 and 5-302). The Orphans' Court for St. Mary's County is Maryland's probate court (Md. Code, Est. & Trusts § 2-101); it approves administration accounts, approves personal representative commissions under Md. Code, Est. & Trusts § 7-601 and attorney's fees, and hears contested matters. Most families deal only with the Register.
A Maryland estate is opened in the county where the decedent was domiciled at the time of death, and probate proceedings concerning a 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 in which the petitioner believes the largest part in value of the Maryland property was located at the time of death.
Leonardtown is the county seat and St. Mary's County's only incorporated municipality. Families from Leonardtown, Lexington Park, California, Great Mills, Mechanicsville, Charlotte Hall, Hollywood and the rest of St. Mary's County file in Leonardtown.
The jurisdiction process
- Confirm that St. Mary's County is the right place to file. A Maryland estate is opened where the decedent was domiciled at death, and probate proceedings may not be maintained in more than one county (Md. Code, Est. & Trusts § 5-103).
- File the original will with the Register of Wills for St. Mary's County. Anyone holding the original will must deliver it to the Register for the county where administration should be had, promptly after death, even if no estate is opened (Md. Code, Est. & Trusts § 4-203(b)(1)).
- Identify the assets, debts and any missing documents before you pick a packet. If you need authority to search for assets in the decedent's name alone or for a will in a safe deposit box, ask about a Limited Order. The Registers' fee page lists a Limited Order at $2.00, and Form 1147 with Schedule C on Form 1148 is the packet for that request.
- Call the Register's office before you come in or mail the packet. St. Mary's County recommends calling during business hours for assistance and more information, and the Register may help with preparation of required forms, though not legal advice. Call 301-475-5566 or toll free 888-475-4821.
- Download the correct statewide Register of Wills packet and complete it with software on your own device, then print it. St. Mary's County does not publish its own probate forms or a local cover sheet.
- Deliver the petition and supporting forms to the Register of Wills for St. Mary's County. In person, go to Room G008 at the courthouse, 41605 Courthouse Drive, Leonardtown, Maryland 20650, Monday through Friday, 8:30 a.m. to 4:30 p.m. Everyone entering the courthouse goes through security screening. By mail, use Register of Wills, St. Mary's County, P.O. Box 602, Leonardtown, MD 20650, because the office states that U.S. Postal Service mail sent to the street address is returned to sender.
- Do not try to open the estate by email or through the state courts' electronic filing system. Maryland Electronic Courts (MDEC) covers the circuit courts and the District Court; it does not cover the Orphans' Court (Maryland Rule 20-101(w), Committee note), and the Register of Wills is not a court. The St. Mary's County office states that it cannot accept filings through email.
- If the personal representative lives outside Maryland, file Form 1106, Appointment of Resident Agent, signed by a Maryland resident who agrees to act as 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, which is part of the standard Small Estate Packet 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 issues letters of administration. No judge is involved in the ordinary opening (Md. Code, Est. & Trusts §§ 5-301 and 5-302).
- 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, due within 20 days of appointment.
- Meet the administration deadlines. File the inventory and Information Report within 3 months of appointment (Md. Code, Est. & Trusts § 7-201), and file the first administration account 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 delivers the required notice (Md. Code, Est. & Trusts § 8-103(a)).
- Pay the probate fee when it is assessed, not when you open the estate. The Register assesses and collects the probate fee when the first administration account is filed (Md. Code, Est. & Trusts §§ 2-206(b)(5)(i) and 7-305), or when the final report is filed under modified administration (Md. Code, Est. & Trusts §§ 2-206(b)(4) and 5-702). The Register must waive the probate fees when the conditions in Md. Code, Est. & Trusts § 2-206(a)(4) are met; the form is Form 1220, Request for Waiver of Fees.
- Expect to deal with the Register, not a judge, unless a matter becomes contested or needs a court order. As of the Maryland Judiciary directory revised June 4, 2026, the Orphans' Court for St. Mary's County sits on the second and fourth Tuesday, beginning at 10:00 a.m. and continuing until the docket is completed; confirm with the Register's office before travelling.
Forms and documents
Probate forms in St. Mary's County
St. Mary's County does not publish its own probate forms or a local cover sheet. Maryland's Registers of Wills publish one numbered, revision-dated statewide form set and assembled packets, and the Register of Wills for St. Mary's County works from that set. Download the forms and complete them with software on your own device rather than in a browser.
| Form or packet | Use in St. Mary's County |
|---|---|
| Small Estate Packet, rev. 2025/10 | Used for a small estate under Md. Code, Est. & Trusts § 5-601. The packet includes Form 1103, Form 1137, Form 1104, Form 1118, Form 1109, Form 1106, Form 1124, Form 1117 and Form 1153. |
| Regular Estate Packet, rev. 2025/10 | Used for a regular estate. The packet includes Form 1112, Form 1136, Form 1104, bond forms, Form 1118, Form 1114, Form 1106 and Form 1101. |
| Form 1104, List of Interested Persons, rev. 2024/07 | Filed after appointment and due within 20 days from the date of appointment. |
| Form 1106, Appointment of Resident Agent, rev. 2016/01 | Needed when an out-of-state personal representative will serve and a Maryland resident agrees to act as agent. |
| Form 1147 and Form 1148, Limited Order Packet, rev. 2024/07 | Used to ask for authority to search for assets in the decedent's name alone or for a will in a safe deposit box. The Registers' fee page lists a Limited Order at $2.00. |
| Form 1153, rev. 2023/07 | Affidavit of Attempt to Comply with Federal, State, and Local Laws Related to Firearms, Ammunition, and Destructive Devices. It appears in the standard Small Estate Packet under Md. Code, Est. & Trusts § 5-601. |
| Form 1220, Request for Waiver of Fees, rev. 2019/10 | The Register must waive the probate fees when the conditions in Md. Code, Est. & Trusts § 2-206(a)(4) are met. |
Local nuance
St. Mary's County-specific considerations
| Local point | What it means for a St. Mary's County filing |
|---|---|
| Mail must go to the P.O. Box | Mail filings to Register of Wills, St. Mary's County, P.O. Box 602, Leonardtown, MD 20650. The office states that mail sent through the U.S. Postal Service to the physical address at 41605 Courthouse Drive will be returned to sender. |
| No email filings | The office publishes [email protected] for general questions and states that it cannot accept filings through email. Estate filings are paper filings with the Register of Wills. |
| One courthouse address | The Register of Wills, the Orphans' Court for St. Mary's County and the Circuit Court for St. Mary's County are all at 41605 Courthouse Drive in Leonardtown. The Register's counter is Room G008, and the Register and the Orphans' Court publish the same phone, 301-475-5566, and the same fax, 301-475-4968. |
| Courthouse security | All individuals seeking access to the courthouse must go through security screening. |
| Twice-monthly court sitting | As of the Maryland Judiciary directory revised June 4, 2026, the Orphans' Court for St. Mary's County sits on the second and fourth Tuesday, beginning at 10:00 a.m. and continuing until the docket is completed. Confirm with the Register's office before travelling. |
| Three elected judges sit as a panel | St. Mary's County elects three Orphans' Court judges under Md. Const. art. IV, § 40. It is not Harford, Howard or Montgomery, where circuit court judges sit as the Orphans' Court. In St. Mary's County, the three judges sit together as a panel when a matter is heard. |
| Appeals have the full Maryland fork | Because St. Mary's County is not one of the three counties excluded by Md. Code, Cts. & Jud. Proc. § 12-502(a)(2), a party who loses in the Orphans' Court may choose a direct appeal to the Appellate Court of Maryland under Md. Code, Cts. & Jud. Proc. § 12-501 or a de novo appeal to the Circuit Court for St. Mary's County under CJ § 12-502. The notice is filed with the Register of Wills within 30 days. |
| Call first | The office says most needs can be handled by phone, mail or the Registers' online services, and recommends calling during business hours before coming in. The toll-free line is 888-475-4821. |
Recent updates
| Update | What changed or matters locally |
|---|---|
| Maryland Judiciary directory revised June 4, 2026 | This directory is the source for the St. Mary's County Orphans' Court sitting schedule, the courthouse name and the shared phone and fax. |
| Statewide probate fee schedule for estates opened on or after October 1, 2022 | The current schedule applies in St. Mary's County with no local surcharge (Md. Code, Est. & Trusts § 2-206(b)(2)). Older fee tables on the Registers' fee page apply only to estates opened before that date. |
| Register of Wills packets revised 2025/10 | The statewide Small Estate Packet under Md. Code, Est. & Trusts § 5-601 and Regular Estate Packet both carry revision dates of 2025/10. Forms 1103, 1104, 1112 and 1147 carry revision dates of 2024/07. |
Page last reviewed: August 2026.
Scenarios
| Scenario | Local path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start with how the St. Mary's County home is titled, because property that passes by operation of law is not part of the probate estate. If an estate is opened, the value test for the small-estate route under Md. Code, Est. & Trusts § 5-601 is fair market value less debts of record secured by the property. The Register of Wills for St. Mary's County must waive the probate fees when the Maryland real property is to be transferred to an heir who resides on the property and the estate cannot pay by reason of poverty (Md. Code, Est. & Trusts § 2-206(a)(4), Form 1220). | Sunset helps assemble the account and property picture, then prepares the estate settlement packet for the Room G008 counter or the P.O. Box. |
| 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 and signs Form 1106. St. Mary's County cannot take the filing by email, so plan on mailing to P.O. Box 602, Leonardtown, MD 20650, never to the street address, or on one trip to Leonardtown after calling ahead. | Sunset helps build the packet remotely, identify what must be signed in Maryland and avoid mailing the filing to the wrong address. |
| Parent settling predeceased child's estate, home must be sold | A sale can make administration longer. The Maryland Judiciary says most estates are wrapped up within nine to eighteen months of death unless there is litigation or real estate needs to be sold. Expect the Orphans' Court for St. Mary's County to approve the administration accounts, keep the first administration account within 9 months of appointment (ET § 7-305), and remember that the claim against the estate deadline runs from the date of death (ET § 8-103(a)). The inventory under ET § 7-201 and the accounts will need liens, mortgages and account balances. | Sunset helps find the financial accounts, liens and balances the personal representative needs before the home sale and accounting work begin. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Register of Wills for St. Mary's County | The office you file with. The Register may answer general questions about estate administration and wills and may assist with preparation of required forms, but cannot give legal advice. It determines and collects Maryland inheritance tax (Md. Code, Tax-Gen. § 7-204) and probate fees under Md. Code, Est. & Trusts § 2-206. | Room G008, 41605 Courthouse Drive, Leonardtown. Mail to P.O. Box 602, Leonardtown, MD 20650. Phone 301-475-5566; toll free 888-475-4821; [email protected] for questions, not filings. |
| Registers of Wills statewide pages | Statewide forms, packets, FAQs, deadlines, fees and publication pages used by the St. Mary's County office. | registers.maryland.gov/main/forms.html, registers.maryland.gov/main/faq.html, registers.maryland.gov/main/fees.html and registers.maryland.gov/main/deadlines.html. |
| Maryland Estate Search | The Registers' statewide estate lookup. Choose St. Mary's from the county list. Basic estate information and dockets are free; PDFs are $0.50 per page through the Registers' Estate Search page at registers.maryland.gov. | registers.maryland.gov/RowNetWeb/Estates/frmEstateSearch2.aspx |
| Register of Wills legal notices search | Searches statutory notices published by the Registers, including notice of appointment, notice to creditors and notice under judicial probate under Md. Code, Est. & Trusts § 5-402 for St. Mary's County estates. | registers.maryland.gov/LegalNotice |
| Maryland Judiciary, Orphans' Court and Wills and Estates pages | The Judiciary explains that the Orphans' Court is Maryland's probate court under Md. Code, Est. & Trusts § 2-101, that the Register serves as clerk to that court, and that many families have no direct contact with judges. | mdcourts.gov/orphanscourt and mdcourts.gov/legalhelp/willsestates |
| People's Law Library of Maryland | A Judiciary-linked consumer legal library with estate administration and probate articles, including first steps after a death, identifying the personal representative, small-estate filings under Md. Code, Est. & Trusts § 5-601 and spouse issues. It is a library, not a legal aid provider. | peoples-law.org |
| Maryland Legal Aid, Southern Maryland Office | Maryland Legal Aid provides free civil legal services to financially eligible households. Its Southern Maryland office serves Charles, Calvert and St. Mary's Counties. Its published wills and estates service is brief advice for clients who need help drafting wills or advance directives. | 15045 Burnt Store Rd., 3rd Floor, Hughesville, MD 20637. Local 301-932-6661. Statewide intake 1-888-465-2468, Monday through Friday, 9:00 a.m. to 2:30 p.m. The St. Mary's Register page also lists Legal Aid Bureau at 800-999-8904. |
| Maryland Court Help Centers | Free limited civil legal help for people without a lawyer, but the Help Centers state that they cannot help relatives, agents, third parties or personal representatives, and estates are not among the case types they list. | 410-260-1392; mdcourts.gov/helpcenter |
| Other numbers the St. Mary's office publishes | For probate-related questions outside the Register's role, the local page lists the Comptroller of Maryland's Maryland Estate Tax Division for Maryland estate tax questions (Md. Code, Tax-Gen. § 7-309), Vital Statistics for death certificates, the Maryland State Bar Association and Volunteer Lawyers Service. | Comptroller Estate Tax Division 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
A Maryland probate attorney makes sense when there is a will contest, a dispute among heirs, a creditor fight, a sale that needs court approval, questions about inheritance tax under Md. Code, Tax-Gen. § 7-204 or Maryland estate tax under Md. Code, Tax-Gen. § 7-309, or uncertainty about who should serve as personal representative. An attorney can also help if an appeal from the Orphans' Court for St. Mary's County is needed, including a de novo appeal under Md. Code, Cts. & Jud. Proc. § 12-502. For estate settlement questions that have moved beyond form preparation, Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches for bank accounts, investment accounts, insurance and other assets so the personal representative can see what exists before filing or accounting. That is especially useful in St. Mary's County because corrected paper filings must be delivered to Room G008 or mailed to the P.O. Box.
Generate the probate packet. Sunset organizes the estate settlement information into the forms and attachments the Register of Wills for St. Mary's County expects, using the statewide Maryland Register of Wills form set. Families can review the packet before mailing or bringing it to Leonardtown.
Find a local probate attorney. If the estate has a dispute, a home sale, inheritance tax questions under Md. Code, Tax-Gen. § 7-204, Maryland estate tax questions under Md. Code, Tax-Gen. § 7-309 or an appeal issue, Sunset helps connect the family with a Maryland probate attorney.
Sunset is free for families. Sunset helps families move from confusion to an organized estate settlement plan without charging the family.
Frequently asked questions
Where do I file probate in St. Mary's County, Maryland?
File with the Register of Wills for St. Mary's County, Room G008 at 41605 Courthouse Drive in Leonardtown. 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).
Can I open an estate online or by email in St. Mary's County?
No. Estate filings are paper filings with the Register of Wills. Maryland Electronic Courts (MDEC) covers circuit courts and the District Court; it does not cover the Orphans' Court (Maryland Rule 20-101(w), Committee note), and the Register of Wills is not a court. The St. Mary's County office states that it cannot accept filings through email.
What address do I mail my probate paperwork to in St. Mary's County?
Mail probate paperwork to Register of Wills, St. Mary's County, P.O. Box 602, Leonardtown, MD 20650. Do not mail it to 41605 Courthouse Drive. The office states that U.S. Postal Service mail sent to the physical address will be returned to sender.
What does it cost to open an estate in St. Mary's County?
Maryland uses one statewide probate fee schedule for estates opened on or after October 1, 2022 (Md. Code, Est. & Trusts § 2-206(b)(2)), and St. Mary's County adds no local surcharge. The fee is not collected when you open the estate. The Register assesses and collects it when the first administration account is filed (Md. Code, Est. & Trusts §§ 2-206(b)(5)(i) and 7-305), or when the final report is filed under modified administration (Md. Code, Est. & Trusts §§ 2-206(b)(4) and 5-702). No probate fee is due on a small estate under Md. Code, Est. & Trusts §§ 5-601 and 5-606(c), and the Register must waive fees when Md. Code, Est. & Trusts § 2-206(a)(4) applies.
When does the Orphans' Court for St. Mary's County sit, and can I appear remotely?
As of the Maryland Judiciary directory revised June 4, 2026, the Orphans' Court for St. Mary's County sits on the second and fourth Tuesday, beginning at 10:00 a.m. and continuing until the docket is completed. Confirm with the Register's office before travelling. Most families never appear before a judge at all. Maryland Rules Title 21 apply to the Supreme Court of Maryland, the Appellate Court of Maryland, the circuit courts and the District Court, not the Orphans' Court (Maryland Rule 1-101(u)), so ask the Register before assuming a matter can be heard by video.
How do I look up an estate filed in St. Mary's County?
Use the Registers of Wills statewide Estate Search at registers.maryland.gov/RowNetWeb/Estates/frmEstateSearch2.aspx and choose St. Mary's from the county list. Maryland Judiciary Case Search covers records originating in the circuit courts and the District Court, so an estate opened with the Register of Wills will not appear there.
Does St. Mary's County have its own probate forms?
No local probate form set or local cover sheet is published for St. Mary's County. Use the statewide numbered Register of Wills forms and packets. If you need authority to search for assets or a will before opening the estate, ask about Form 1147, Petition for Limited Orders, with Schedule C on Form 1148.
I live out of state. Can I be the personal representative of a St. Mary's County estate?
Yes, if a Maryland resident agrees to act as resident agent and signs Form 1106, Appointment of Resident Agent. Because the St. Mary's County office cannot accept filings by email, plan to mail the packet to P.O. Box 602 in Leonardtown or make one trip to the courthouse after calling ahead.
Can the Register of Wills for St. Mary's County help me fill out the forms?
The Register of Wills for St. Mary's County may answer general questions about estate administration and wills and may assist with preparation of required forms. The office cannot give legal advice. Call 301-475-5566 or toll free 888-475-4821 before coming in.
Does the Register of Wills for St. Mary's County handle domestic partnership filings?
Yes. Maryland domestic partnership declarations are filed with the Register of Wills in the county where the partners are domiciled (Md. Code, Est. & Trusts § 2-214). Ask the St. Mary's County office for current filing instructions.
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.