Estate Planning & Probate in Montgomery County, Maryland
There are two reasons people look up Montgomery County probate: to keep a family out of it, or to get a loved one's estate through it. Pick the path that fits, then work from the local Register of Wills details.
Someone died — settling an estate
Filing probate at the Register of Wills, what it costs, transferring property, and local attorneys.
What to do when someone dies in Montgomery County →Planning ahead as a property owner
Keep a Montgomery County home out of probate with a transfer-on-death deed or a living trust.
Estate planning in Montgomery County →The Probate Process in Montgomery County
Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Montgomery County, probate runs through the Register of Wills at 50 Maryland Avenue, North Tower 3220, Rockville.
Full Montgomery County probate guide: cost, how to file & attorneys →Probate Court Record
Montgomery County Register of Wills
Montgomery County
Phone
Hours
Office
Website
Filing in person
Self-represented filing
Self-help forms
How to file probate in Montgomery County →
Verified October 16, 2026 · Source
Recording Office Record
Clerk of the Circuit Court
Montgomery County
Phone
Hours
Office
Website
Recording fee
E-recording
Verified October 16, 2026 · Source
Vital Records Office Record
Local Health Department
Montgomery County · Department of Health and Human Services, Dennis Avenue Health Center Vital Records Office
Phone
Hours
Office
Website
Certified copies
Certified copy fee
Full death certificate details →
Verified November 1, 2026 · Source
Coroner or Medical Examiner Record
State Medical Examiner
Montgomery County · Office of the Chief Medical Examiner
Phone
Website
Serves this county
Full coroner or medical examiner details →
Verified November 1, 2026 · Source
Local Procedures at the Register of Wills
Papers can be filed by mail or through the courthouse drop box; a time-sensitive filing can be made in the office between 8:30 AM and 4:30 PM A live online chat staffed by auditors and deputies runs Monday to Friday, 8:30 AM to 4:30 PM, except holidays
Forms for Planning and Settling an Estate in Maryland
Free Maryland forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.
Last Will and Testament
In Maryland, a will is signed before 2Md. Est. & Trusts § 4-102Verified Oct 18, 2026View source witnesses, and it is self-proved when properly executedMd. Est. & Trusts § 4-102Verified Oct 18, 2026View source.
Revocable Living Trust
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
Pour-Over Will
In Maryland, a pour-over will is signed before 2Md. Est. & Trusts § 4-102Verified Oct 18, 2026View source witnesses and moves anything left outside the trust into it through probate.
Healthcare Power of Attorney
Maryland requires 2Md. Health-General Code Ann. § 5-603Verified Oct 15, 2026View source witnesses for a healthcare power of attorney; notarization is not requiredMd. Health-General Code Ann. § 5-603Verified Oct 15, 2026View source.
Financial Power of Attorney
Maryland treats a power of attorney as durable by defaultMd. Code, Est. & Trusts §§ 17-101 to 17-116, §§ 17-201 to 17-204; Md. Code, Real Prop. § 4-107; Md. Code, Gen. Prov. § 1-401Verified Sep 18, 2026View source, and it is signed before 2Md. Code, Est. & Trusts §§ 17-101 to 17-116, §§ 17-201 to 17-204; Md. Code, Real Prop. § 4-107; Md. Code, Gen. Prov. § 1-401Verified Sep 18, 2026View source witnesses and a notary.
Tools for Planning and Settling an Estate in Maryland
Free calculators and checklists for planning or settling an estate in Maryland: will and trust costs, probate, executor pay, and inheritance taxes.
How Do I Settle an Estate?
Settling an estate in Maryland: the personal representative files the estate inventory within 90 daysET §§ 7-201, 7-202, 7-203Verified Sep 15, 2026View source of appointment; creditors have 6 monthsMd. Code, Est. & Trusts §§ 7-103, 7-103.1, 8-103, 8-104, 8-105, 8-107Verified Oct 18, 2026View source to present claims; a simple estate closes in 6 months to 9 months.
How Do I Settle a Trust?
Settling a trust in Maryland happens outside court: the trustee acts under the state's Uniform Trust CodeMd. Code Est. & Trusts § 14.5-101 et seq.Verified Oct 17, 2026View source, notifies the beneficiaries within 90 daysET §§ 14.5-813, 14.5-904; CJP § 5-101Verified Sep 15, 2026View source, then pays the debts and distributes under the trust's terms.
Do I Need Probate?
In Maryland, estates valued at $50,000Md. Est. & Trusts § 5-601Verified Sep 8, 2026View source or less qualify for the Petition for Administration of Small EstateMd. Est. & Trusts § 5-601Verified Sep 8, 2026View source, a court procedure short of full probate.
Who Inherits Without a Will?
Without a will in Maryland, descendants divide what passes to them per stirpesMd. Code, Est. & Trusts § 3-103Verified Oct 21, 2026View source, and an heir must survive the decedent by 30 daysMd. Code, Est. & Trusts § 3-110(a)Verified Oct 21, 2026View source to inherit.
How Much Does Probate Cost?
Probate on a $500,000 estate in Maryland costs an estimated $33,231Md. Est. & Trusts § 7-602 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source. Attorney fees run 2.1%Modeled estimate under Md. Est. & Trusts § 7-602 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3.3%Modeled estimate under Md. Est. & Trusts § 7-602 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate under a reasonable-compensation standard.
Maryland Estate Planning Articles
Articles about estate planning, probate, and trusts relevant to families in Montgomery County.
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