What to Do When Someone Dies in Montgomery County, Maryland

How probate works in Montgomery County: the Register of Wills record, what the process costs, and how to file there.

Probate Court Record

Montgomery County Register of Wills

Montgomery County

Hours

Monday-Friday 8:30 AM-4:30 PM

Office

50 Maryland Avenue, North Tower 3220, Rockville, MD 20850

Filing in person

Walk-ins accepted

Self-represented filing

Allowed

Self-help forms

Filing in person

Walk-ins acceptedWalk-ins are welcome, but appointments give faster service and are limited each day. Call the New Proceedings Division at 240-777-9620 before coming in to open a new estate.

Self-represented filing

AllowedRegister of Wills staff help a self-represented personal representative prepare the forms to open an estate but cannot give legal advice. The statewide Small Estate and Regular Estate packets are on the Register's forms page.

Accepted payment

  • At the counterAn invoice from the Register of Wills can be paid online by American Express, Discover, Visa or Mastercard through the Register's payment portal, with a 3% technology fee and a $50,000 limit.

Verified October 16, 2026 · Source

How Probate Works 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.

The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under Maryland intestacy law when there is no will.

Most Maryland estates take 9 months to 12 months to move through this process. 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 a claim, counted from the date of death.

What Probate Costs in Montgomery County

What probate costs in Montgomery County, Maryland comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the Register of Wills at 50 Maryland Avenue, North Tower 3220, Rockville.

Maryland charges $0 - $10,000+ (based on estate value)Md. Code, Est. & Trusts § 2-206(b)(2)-(5); § 5-606Verified Oct 17, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.

Estimate the costs for this estate:

Attorney fees in Maryland are negotiated, typically 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 estate value. Flat-fee arrangements are common for straightforward estates.

Maryland sets executor compensation by statute — about $19,080 on a $500,000 estate, roughly 3.8%Md. Est. & Trusts § 7-601Verified Sep 8, 2026View source. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.

Maryland requires publishing notice to creditors in a local newspaper, and the estate pays for it.

A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%Industry surety premium estimate; the bond itself under Md. Est. & Trusts § 6-102Verified Sep 8, 2026View source of estate value annually.

Probate in Maryland typically runs 9 months to 12 months, and costs accrue throughout that period.

How to File Probate at the Register of Wills

Probate cases in Montgomery County are filed at the Register of Wills. File in person during business hours or by mail.

Beside the filing office, the court lists separate lines for Toll-free, New Proceedings Division, Records Division, and Orphans' Court Assistant.

Can You File Without an Attorney?

In Maryland, informal probate is availableMd. Est. & Trusts § 5-301 et seq. (administrative probate; Register of Wills appointment)Verified Sep 8, 2026View source, and a self-represented executor can usually handle it for a simple, uncontested estate.

For a full cost comparison and filing checklist, see the Montgomery County Self-Filing Assessment.

Montgomery County Filing Requirements

These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.

Before You File

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

Source

Records Access

The Records Department is closed to the public; copies are requested online or by phone

Source

Other Requirements

A live online chat staffed by auditors and deputies runs Monday to Friday, 8:30 AM to 4:30 PM, except holidays

Source

What to Bring

Filed with the opening petition at the Register of Wills: Proof of death: a death certificate (original or copy); other proof of death if a death certificate is not yet available; Original will and any codicils, if any (filed with the petition); Schedule A (RW1136) for a regular estate; Schedule B (RW1137) for a small estate; List of Interested Persons (RW1104), naming the heirs and legatees with addresses — due no later than 20 days after appointment (Est. & Trusts § 7-104); local offices commonly take it with the petitionMd. Code, Est. & Trusts §§ 5-104 (priority), 5-201 (petition contents), 5-301 (administrative probate), 5-401 (judicial probate), 5-601 (small estate)Verified Aug 24, 2026View source.

Death Certificates and the Medical Examiner in Montgomery County

In Maryland a death is registered locally, and in Montgomery County certified copies of the death certificate are issued by Department of Health and Human Services, Dennis Avenue Health Center Vital Records Office, Montgomery County as well as by Maryland Department of Health - Division of Vital Records.

Vital Records Office Record

Local Health Department

Montgomery County · Department of Health and Human Services, Dennis Avenue Health Center Vital Records Office

Hours

Tuesday, Thursday 8:00 AM-11:30 AM and 1:00 PM-3:00 PM (appointments only)

Office

2000 Dennis Avenue, Suite 27, Silver Spring, MD 20902

Certified copies

By appointment, issued the same day

Local rule

  • The office issues death certificates for deaths in Maryland from January 2015 on, by appointment only. Records of earlier deaths come from the Maryland State Archives.

Verified November 1, 2026 · Source

Coroner or Medical Examiner Record

State Medical Examiner

Montgomery County · Office of the Chief Medical Examiner

Serves this county

Office of the Chief Medical Examiner

Mail and offices

Mail

900 West Baltimore Street Baltimore, MD 21223

Verified November 1, 2026 · Source

Transferring Property in Montgomery County

Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the Clerk of the Circuit Court.

Deeds and other real property documents for Montgomery County are recorded with the Clerk of the Circuit Court at 50 Maryland Avenue, Rockville, MD 20850. Phone: 1-240-777-9470. Hours: Monday-Friday 8:30 AM-4:30 PM.

The Clerk of the Circuit Court charges $60 for 1-9 pages, $115 for 10+ pages.

Montgomery County accepts electronic recording through Simplifile.

Recording Office Record

Clerk of the Circuit Court

Montgomery County

Hours

Monday-Friday 8:30 AM-4:30 PM

Office

50 Maryland Avenue, Rockville, MD 20850

Fees

Recording fees

1-9 pages$60
10+ pages$115
Transfer tax on a TOD deedTOD deeds are exempt from transfer tax if the property is a primary or secondary residence of the transferor

Md. Code, Real Property § 3-601(a)(2) (recording fee); Md. Code, Cts. & Jud. Proc. § 13-604(a)(2) ($40 surcharge)

Verified October 16, 2026 · Source

Forms that put a death on the title

Probate Attorneys Serving Montgomery County

Maryland allows informal probate, so many families settle straightforward estates in Montgomery County without hiring an attorney. A probate attorney earns the fee when the estate is contested, includes a business or out-of-state real estate, has unclear or insolvent debts, or when beneficiaries disagree.

Probate attorney fees in Maryland are based on reasonable compensation, billed hourly or as a flat fee. Ask a Montgomery County firm to quote a structure up front.

A probate attorney files the petition with the Register of Wills, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.

FirmRockville, MD

Altman & Associates

Since 1996 · Serves 2 counties

Serves Montgomery and Howard counties from Rockville, with meeting locations in Columbia, Washington, D.C., Tysons Corner and Vienna. Handles estate and trust administration and probate and trust litigation, including will contests and breach of fiduciary duty. Practice is limited to estate law; a one-hour initial consultation is $500, applied to the engagement if retained.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 6 more

Office
11300 Rockville Pike, Suite 708Rockville, MD 20852
Virtual consultations

FirmLaurel, MD

Downs Law Firm, P.C.

Serves 4 counties

Serves Prince George's, Howard, Montgomery and Anne Arundel counties from Main Street in Laurel. Handles Maryland probate and estate administration and helps successor trustees administer trusts, whether or not the firm drafted the trust, and assists trustees and beneficiaries in the probate court process. Tom Downs has limited his practice to estate planning, probate, trust administration and guardianship since 1995.

PracticesEstate PlanningTrust AdministrationProbateTax Planningand 4 more

Office
322 Main Street, Suite 102Laurel, MD 20707
Virtual consultations

FirmRockville, MD

Law Office of Daniel S. Willard, P.C.

Serves 4 counties

Serves Montgomery, Prince George's, Frederick and Howard counties from Rockville. Dan Willard assists personal representatives, beneficiaries and others with probate administration and related probate litigation, including filing the will with the Register of Wills and obtaining letters. A husband-and-wife practice with over 25 years in Montgomery County that also handles construction and business litigation.

PracticesEstate PlanningProbateProbate LitigationAsset Protectionand 2 more

Office
7100 Copperwood CourtRockville, MD 20855
Free consultation

Solo PracticeRockville, MD

Law Office of Henry Nash

Serves 1 county

Serves Montgomery County from Rockville. Handles probate and estate administration, wills and trusts, guardianship of disabled adults, and Medicaid planning for long-term care. Henry Nash is on the Montgomery County Circuit Court's roster of court-approved lawyers who handle guardianship cases.

PracticesEstate PlanningProbateElder LawGuardianshipMedicaid Planning

Office
27 West Jefferson StreetRockville, MD 20850

FirmFrederick, MD

Law Office of Lena A. Clark, LLC

Since 2015 · Serves 2 counties

Serves the Frederick County area from downtown Frederick, across the street from the Frederick County Courthouse. Handles probate, estate and trust administration, court inventories and accountings, and estate, gift and inheritance tax matters. Consultations carry a fee ($400 for probate), applied to the service if the firm is retained within 48 hours; meetings can be held in person or by phone or Zoom.

PracticesEstate PlanningTrust AdministrationProbateElder Lawand 4 more

Office
129 W Patrick Street, Suite 11Frederick, MD 21701
Virtual consultations

Solo PracticeFrederick, MD

Martin W. Snyder, LLC

Serves 2 counties

Serves Frederick and Montgomery counties from offices in Frederick and Rockville. Represents personal representatives in Maryland probate proceedings, including out-of-state representatives probating a Maryland estate, represents heirs and beneficiaries over mismanagement of an estate, and counsels trustees administering and terminating trusts. The practice is limited to estate planning, probate and trust administration.

PracticesEstate PlanningTrust AdministrationProbateTax Planningand 2 more

Office
129 W. Patrick Street, Suite 3Frederick, MD 21701
See all 19 firms serving Montgomery County →

Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.

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Legal Sources

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Data sourced from Maryland statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.

Tools for Settling an Estate in Maryland

Free tools for settling an estate in Maryland: whether probate is needed, executor and trustee pay, creditor deadlines, 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.

See the Steps

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.

See the Steps

Can I Self-File Probate?

In Maryland, informal probate is availableMd. Est. & Trusts § 5-301 et seq. (administrative probate; Register of Wills appointment)Verified Sep 8, 2026View source, and a self-represented executor can usually handle it for a simple, uncontested estate.

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