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Washington County, MD Probate Information
Quick facts
| Topic | Washington County details |
|---|---|
| Filing office and court | File with the Register of Wills for Washington County, 100 West Washington Street, Suite 3400, Hagerstown, Maryland 21740 (Md. Const. art. IV, § 41). The Orphans' Court for Washington County sits in Suite 3500 of the same building and is the court for estate matters (Md. Code, Est. & Trusts § 2-101). |
| Mailing address | 100 West Washington Street, Suite 3400, Hagerstown, MD 21740. The mailing address is the same as the street address. |
| Phone | Main: 301-739-3612. Alternate: 301-739-3619. Toll free: 888-739-0013. |
| Fax | 301-733-8636, published by the Register's office as its fax. |
| Hours | Office hours are Monday through Friday, 8:00 a.m. to 4:30 p.m. The office is open to the public from 8:30 a.m. to 4:00 p.m. It is closed weekends and state holidays. |
| Before you visit | The office asks you to call for an appointment time before visiting. Everyone entering the County Administration Building must pass through security scanners, weapons including pocket knives of any size are prohibited, and customer parking is available behind the building. |
| Probate fee | Maryland uses one statewide value-based probate fee schedule for estates opened on or after October 1, 2022 (Md. Code, Est. & Trusts § 2-206(b)(2)). Washington County adds no local surcharge. The fee is not collected at the counter when you open the estate; it is assessed and collected when the first account is filed under ET § 2-206(b)(5)(i), or when the final report is filed in modified administration under Md. Code, Est. & Trusts § 5-702 and ET § 2-206(b)(4). |
| Forms | No Washington County cover sheet or local probate form is published. Use the Maryland Registers of Wills statewide forms and packets. |
| Electronic filing | Maryland Electronic Courts (MDEC) does not open estates. MDEC covers court e-filing, but the Orphans' Court is not included in the Maryland Rule 20-101(w) definition of trial court for Title 20, and the Register of Wills is not a court (Md. Const. art. IV, § 41; Md. Code, Est. & Trusts § 2-101). Washington County states that filings cannot be accepted through email. |
| Case lookup | Use the Registers of Wills statewide Estate Search at registers.maryland.gov and choose Washington from the county selector. Maryland Judiciary Case Search is not the estate lookup system. |
| Orphans' Court sitting | As of the Maryland Judiciary directory revised June 4, 2026, the Orphans' Court for Washington County sits Tuesday at 9:00 a.m. until complete in Suite 3500 (Md. Code, Est. & Trusts § 2-101). Confirm with the Register's office before travelling. |
| Remote appearance | Maryland Rules Title 21 apply to remote participation in 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); Md. Code, Est. & Trusts § 2-101). Ask the Register's office before assuming a Washington County matter can be heard by video. |
| Website | Register of Wills for Washington County |
Before you begin — know the assets and liabilities
Before you drive into Hagerstown or mail a packet, work out what the estate actually contains. Sunset searches for assets across more than 2,300 financial institutions, so you can see accounts, policies and debts before choosing the right estate settlement path.
That preparation matters in Washington County because the Register of Wills for Washington County asks you to call for an appointment time before visiting and states that filings cannot be accepted through email (Md. Const. art. IV, § 41). If assets or a will may be in a safe deposit box or in an account no one can identify, ask the office about a Limited Order using Form 1147 and Form 1148 before opening the estate.
Which court handles jurisdiction
Washington County estates are filed in Hagerstown with the Register of Wills for Washington County in Suite 3400 of the County Administration Building, 100 West Washington Street (Md. Const. art. IV, § 41). The Orphans' Court for Washington County is in Suite 3500 of the same building and is the court for estate matters (Md. Code, Est. & Trusts § 2-101). The estate filing counter is not in the circuit courthouse.
Use this office when the decedent was domiciled in Washington County at death. Maryland venue is based on the decedent's domicile, and only one county may maintain the probate proceeding; if the decedent was not domiciled in Maryland, venue is the county where the largest part in value of the Maryland property was located (Md. Code, Est. & Trusts § 5-103). Washington County communities served from Hagerstown include Boonsboro, Clear Spring, Funkstown, Hancock, Keedysville, Sharpsburg, Smithsburg and Williamsport, along with unincorporated communities in the county.
The jurisdiction process
- Confirm Washington County is the right filing jurisdiction. A Maryland estate is opened where the decedent was domiciled at death, and only one county may maintain the proceeding (Md. Code, Est. & Trusts § 5-103). For a Washington County decedent, file at the Register of Wills for Washington County in Suite 3400 of the County Administration Building, 100 West Washington Street, Hagerstown (Md. Const. art. IV, § 41).
- File the original will with the Register of Wills for Washington County if there is one. The custodian of the will must deliver it to the Register for the county where administration should be had, promptly after death, even if no estate is opened (ET § 4-203(b)(1); Md. Const. art. IV, § 41). Washington County accepts filings at the counter or by mail, not by email.
- Identify assets, debts and any need to search before opening. If assets or a will may be in a safe deposit box or in an account no one can name, ask about a Limited Order using Form 1147 and Form 1148.
- Download the right statewide packet. Maryland's Registers of Wills publish statewide packets for small estate filings under Md. Code, Est. & Trusts § 5-601 and for regular estate filings; Washington County does not publish a local cover sheet. The Registers instruct users to download forms and complete them with software on their own device, not in a browser.
- Call the Washington County office for an appointment time before you go. The public counter is open Monday through Friday from 8:30 a.m. to 4:00 p.m., within office hours of 8:00 a.m. to 4:30 p.m., and the office is closed weekends and state holidays.
- Bring or mail the petition and supporting forms to 100 West Washington Street, Suite 3400, Hagerstown, Maryland 21740. If you come in person, plan for security screening; weapons, including pocket knives of any size, are prohibited, and customer parking is available behind the building.
- If the proposed personal representative lives outside Maryland, file Form 1106, Appointment of Resident Agent, signed by a Maryland resident who agrees to act as resident agent.
- If firearms may be part of the estate, review Form 1153, the affidavit of attempt to comply with federal, state and local firearms law, which appears in the statewide small estate packet under ET § 5-601.
- The Register opens the estate in the ordinary uncontested case. Administrative probate begins before the Register under Md. Code, Est. & Trusts § 5-301, and the Register may admit the will, appoint the personal representative and issue letters of administration under ET § 5-302.
- Give notice and track deadlines. Use Form 1114 or Form 1109 for notice of appointment, notice to creditors and notice to unknown heirs, and Form 1104 for the List of Interested Persons. The inventory is due under ET § 7-201, the administration account is due under ET § 7-305, and creditor claims are governed by ET § 8-103.
- Pay the probate fee when the Register assesses it. Maryland's statewide probate fee schedule applies to estates opened on or after October 1, 2022 (Md. Code, Est. & Trusts § 2-206(b)(2)). It is collected when the first account is filed under ET § 2-206(b)(5)(i), or when the final report is filed in modified administration under Md. Code, Est. & Trusts § 5-702 and ET § 2-206(b)(4). Ask the Register about Form 1220 if a fee waiver may apply under ET § 2-206(a)(4).
- Expect most work to stay with the Register rather than a judge. The Orphans' Court for Washington County handles contested matters and approvals (Md. Code, Est. & Trusts § 2-101). As of the Maryland Judiciary directory revised June 4, 2026, it sits Tuesday at 9:00 a.m. until complete in Suite 3500. Washington County elects three Orphans' Court judges, and the three judges sit together as a panel when a matter is heard.
Forms and documents
Probate forms in Washington County
Washington County does not publish its own probate forms or a local cover sheet. Estate settlement filings use the Maryland Registers of Wills statewide, numbered form set, and the Register of Wills for Washington County works from that set (Md. Const. art. IV, § 41).
| Form or packet | How it is used in Washington County |
|---|---|
| Small Estate Packet | 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 | Used when the estate is not proceeding as a small estate under ET § 5-601. 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. |
| Form 1106 | Appointment of Resident Agent, used when an out-of-state personal representative needs a Maryland resident agent. |
| Form 1147 and Form 1148 | Petition for Limited Orders and Schedule C, used to request authority to search for assets in the decedent's name alone or for a will in a safe deposit box. |
| Form 1153 | Affidavit of Attempt to Comply with Federal, State, and Local Laws Related to Firearms, Ammunition, and Destructive Devices. |
| Form 1220 | Request for Waiver of Fees, tied to the probate fee waiver rule in Md. Code, Est. & Trusts § 2-206(a)(4). |
The Registers' form page instructs users to download forms, complete them on their device and print them, rather than filling them out in a browser.
Local nuance
Washington County-specific considerations
| Local point | What it means for a Washington County filing |
|---|---|
| Not the courthouse | The estate filing counter is in Suite 3400 of the County Administration Building at 100 West Washington Street in Hagerstown. The Orphans' Court for Washington County is in Suite 3500 of the same building (Md. Code, Est. & Trusts § 2-101). Do not take an estate packet to the circuit courthouse. |
| Two hours lines | The office keeps hours of 8:00 a.m. to 4:30 p.m. Monday through Friday, but the public counter is open from 8:30 a.m. to 4:00 p.m. It is closed weekends and state holidays. |
| Call before visiting | The Register of Wills for Washington County asks visitors to call for an appointment time before coming to the office (Md. Const. art. IV, § 41). The office publishes a main line, an alternate line and a toll-free line. |
| No email filing | The Washington County office states that filings cannot be accepted through email. Maryland Electronic Courts (MDEC) does not open estates because the Orphans' Court is not included in Maryland Rule 20-101(w)'s trial court definition for Title 20, and the Register of Wills is not a court (Md. Const. art. IV, § 41; Md. Code, Est. & Trusts § 2-101). |
| Security and parking | Everyone entering the County Administration Building must pass through security scanners. Weapons are prohibited, including pocket knives of any size. Customer parking is available behind the building. |
| Tuesday court sitting | As of the Maryland Judiciary directory revised June 4, 2026, the Orphans' Court for Washington County sits Tuesday at 9:00 a.m. until complete in Suite 3500 (Md. Code, Est. & Trusts § 2-101). Confirm the current sitting schedule with the Register's office before travelling. |
| Three-judge panel | Washington County elects three Orphans' Court judges, and Washington County is not one of the three counties where circuit court judges sit in rotation (Md. Const. art. IV, § 40; Md. Code, Est. & Trusts § 2-101). When a Washington County matter is heard, the three judges sit together as a panel. |
| Appeals | Because Washington County is not excluded from de novo review, a party 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 Washington County under CJ § 12-502. The notice of appeal is filed with the Register of Wills within 30 days. |
Recent updates
| Update | What changed or matters now |
|---|---|
| Orphans' Court directory | The Maryland Judiciary directory that lists the Washington County court suite and Tuesday sitting window is revised June 4, 2026 (Md. Code, Est. & Trusts § 2-101). Confirm the current schedule with the Register's office before travelling. |
| Probate fee schedule | The Maryland probate fee schedule used in Washington County applies to estates opened on or after October 1, 2022 (Md. Code, Est. & Trusts § 2-206(b)(2); Chapter 716, Acts of 2022, House Bill 187). The older fee table that appears on the same statewide fee page does not apply to estates opened now. |
| Statewide packets | The statewide Notice of Appointment forms used in Washington County include 2025/10 revision dates, and the Small Estate Packet under Md. Code, Est. & Trusts § 5-601 and the Regular Estate Packet are also listed with 2025/10 revision dates. |
Page last reviewed: August 2026.
Scenarios
| Scenario | Washington County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start with title to the Hagerstown, Boonsboro or other Washington County home, because property that passes outside probate is not part of the probate estate. If an estate is opened, Maryland's small estate rule measures value under Md. Code, Est. & Trusts § 5-601, and the fee waiver rule may matter: a register of wills must waive fees when Maryland real property is to be transferred to an heir who lives on it and the estate cannot pay by reason of poverty (ET § 2-206(a)(4)). Ask the Register of Wills for Washington County about Form 1220 (Md. Const. art. IV, § 41). | Sunset organizes the asset and property picture before the paper packet goes to Suite 3400. |
| Out-of-state adult child with a small estate | An out-of-state personal representative may serve if a Maryland resident signs Form 1106 as resident agent. Because this is a small estate under Md. Code, Est. & Trusts § 5-601, use the statewide packet and plan around Washington County's no-email-filing rule: mail the papers to 100 West Washington Street, Suite 3400, Hagerstown, Maryland 21740, or call for an appointment time before one trip. | Sunset helps assemble the packet remotely and flags signatures that must be coordinated before mailing or travelling. |
| Parent settling predeceased child's estate, home must be sold | A home sale can add time and court approvals. The Orphans' Court for Washington County approves accounts and fee requests when required (Md. Code, Est. & Trusts § 2-101), and the administration account rules are under ET § 7-305. Creditor claims are governed by ET § 8-103, so the claim clock should be tracked from the date of death. | Sunset helps identify accounts, liens, mortgages and balances needed for the inventory under ET § 7-201 and later accounting. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Register of Wills for Washington County | This is the filing office for a Washington County estate (Md. Const. art. IV, § 41). The office may answer general estate administration questions and may assist with preparation of required forms, but it cannot give legal advice. | 100 West Washington Street, Suite 3400, Hagerstown, Maryland 21740. Main 301-739-3612. Alternate 301-739-3619. Toll free 888-739-0013. Office page. |
| Maryland Registers of Wills statewide pages | Statewide forms, packets, fees, deadlines, small estate materials under Md. Code, Est. & Trusts § 5-601, and inheritance tax materials under Md. Code, Tax-Gen. § 7-204. | Forms, fees, deadlines. |
| Maryland Estate Search | The statewide estate lookup at registers.maryland.gov. Choose Washington from the county selector. Basic estate information and dockets are free, and historical depth varies by county. | Estate Search. |
| Maryland Judiciary, Orphans' Court and Wills and Estates pages | The Judiciary explains that the Orphans' Court is Maryland's probate court (Md. Code, Est. & Trusts § 2-101) and that the Register of Wills serves as clerk to that court (Md. Const. art. IV, § 41). | Orphans' Court, Wills and Estates, Preparing to Open an Estate video library. |
| 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. | Estate administration and probate. |
| Maryland Legal Aid, Midwestern Maryland Office | Serves Frederick, Carroll and Washington Counties. Maryland Legal Aid publishes free civil legal services for financially eligible households, and its published wills and estates service is brief advice for clients who need help drafting wills or advance directives. | 22 S. Market St., Ste. 11, Frederick, MD 21701. Local 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 civil legal help for self-represented individuals, but the Help Center states that it cannot help personal representatives, relatives, agents, businesses or third parties. | 410-260-1392. Help Center. |
| Other numbers published by the Washington County office | The office publishes the Comptroller of Maryland Estate Tax Division number for estate tax questions under Md. Code, Tax-Gen. § 7-309, the Vital Statistics Administration number for death certificates, the Maryland State Bar Association number and a Volunteer Lawyers Service number. | Comptroller estate tax line 410-260-7850. Vital Statistics 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 dispute over the will, a contested appointment, real estate that must be sold, a taxable distribution, a creditor dispute, a request for judicial probate under Md. Code, Est. & Trusts § 5-402, or a hearing in the Orphans' Court for Washington County under ET § 2-101. The Register of Wills for Washington County may help with required forms but cannot give legal advice (Md. Const. art. IV, § 41). Sunset connects you to a vetted probate attorney.
How Sunset helps
Find the accounts and assets. Sunset helps families build the asset list before they choose forms, request a Limited Order with Form 1147, or mail papers to Hagerstown. Better information at the start makes estate settlement more predictable.
Generate the probate packet. Sunset assembles the information needed for the Maryland statewide forms used by the Register of Wills for Washington County, the filing office under Md. Const. art. IV, § 41, and helps keep the Washington County no-email-filing rule in view.
Find a local probate attorney. If the Orphans' Court for Washington County becomes involved in a contested issue or approval, Sunset can connect the family with counsel who handles Maryland estate matters (Md. Code, Est. & Trusts § 2-101).
Sunset is free for families. Families can use Sunset for estate settlement organization, document preparation support and attorney matching without paying Sunset.
Frequently asked questions
Where do I file probate in Washington County, Maryland?
File with the Register of Wills for Washington County in Suite 3400 of the County Administration Building, 100 West Washington Street, Hagerstown, Maryland 21740 (Md. Const. art. IV, § 41). Maryland venue follows the decedent's domicile at death, and only one county may maintain the proceeding (Md. Code, Est. & Trusts § 5-103).
Can I open a Washington County estate through a website or by email?
No online estate opening route is published for Washington County. Maryland Electronic Courts (MDEC) does not open estates because the Orphans' Court is not included in Maryland Rule 20-101(w)'s trial court definition for Title 20, and the Register of Wills is not a court (Md. Const. art. IV, § 41; Md. Code, Est. & Trusts § 2-101). The Washington County office also states that filings cannot be accepted through email.
What are the Register of Wills office hours in Hagerstown, and do I need an appointment?
The office hours are Monday through Friday, 8:00 a.m. to 4:30 p.m., and the office is open to the public from 8:30 a.m. to 4:00 p.m. The Register of Wills for Washington County asks visitors to call for an appointment time before visiting (Md. Const. art. IV, § 41).
What does it cost to open an estate in Washington County?
Maryland's probate fee schedule is statewide and applies to Washington County estates opened on or after October 1, 2022 (Md. Code, Est. & Trusts § 2-206(b)(2)). Washington County adds no local surcharge. The fee is not collected when the estate is opened; it is assessed and collected when the first account is filed under ET § 2-206(b)(5)(i), or when the final report is filed in modified administration under Md. Code, Est. & Trusts § 5-702 and ET § 2-206(b)(4).
When does the Orphans' Court for Washington County sit, and will I have to go?
As of the Maryland Judiciary directory revised June 4, 2026, the Orphans' Court for Washington County sits Tuesday at 9:00 a.m. until complete in Suite 3500 of the County Administration Building (Md. Code, Est. & Trusts § 2-101). Most uncontested estates are handled administratively with the Register under Md. Code, Est. & Trusts § 5-301 and ET § 5-302, so many families never attend a court sitting.
Can I appear remotely in the Orphans' Court for Washington County?
Do not assume video appearance is available. Maryland Rules Title 21, applied by Maryland Rule 1-101(u), covers remote participation in specified Maryland courts, but it does not extend to the Orphans' Court (Md. Code, Est. & Trusts § 2-101). Ask the Register of Wills for Washington County before relying on a remote appearance (Md. Const. art. IV, § 41).
How do I look up an estate filed in Washington County?
Use the Registers of Wills statewide Estate Search at registers.maryland.gov and choose Washington from the county selector. Maryland Judiciary Case Search covers records originating in the circuit courts and the District Court, not estates filed with the Register of Wills (Md. Const. art. IV, § 41).
Does Washington County have its own probate forms?
No Washington County probate forms or local cover sheet are published. Use the Maryland Registers of Wills statewide forms, including the small estate packet under Md. Code, Est. & Trusts § 5-601 and the regular estate packet.
I live out of state. Can I be the personal representative of a Washington County estate?
Yes, if a Maryland resident agrees to act as resident agent and signs Form 1106. The Washington County office does not accept filings through email, so plan for mail to Suite 3400 or call ahead before travelling.
Can the Register of Wills for Washington County help me fill out the forms?
The Register of Wills for Washington County may answer general estate administration questions and may assist with preparation of required forms, but the office cannot give legal advice (Md. Const. art. IV, § 41). If you need legal advice, speak with a Maryland attorney.
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.