How Does Probate Work in St. Mary's County, Maryland?
When someone dies, the last thing you need is confusion about legal requirements. In St. Mary's County, estate size determines the process—smaller estates under $50,000 can often avoid full probate. All filings go through the Register of Wills at Courthouse, 41605 Courthouse Drive, Room #G008, Leonardtown.
Do I Need Probate?
Not every estate in St. Mary's County goes through probate. Whether the Register of Wills is involved depends on how assets were owned and what planning was done beforehand.
Trusts, life insurance, retirement accounts with beneficiary designations, and jointly-held property all pass outside probate. The Register of Wills only handles assets that were titled in the deceased's name alone. A pour-over will catches any assets that should have been in the trust but weren't transferred before death.
If the estate is worth less than $50,000Md. Est. & Trusts § 5-601Verified Apr 15, 2026, a Petition for Administration of Small EstateMd. Est. & Trusts § 5-601Verified Apr 15, 2026 may be available. Otherwise, families in St. Mary's County go through standard probate at the Register of Wills.
Enter the estate details to find out what probate involves:
Opening probate at the Register of Wills requires several documents: the original will (or proof there isn't one), a certified death certificate, and an accounting of the estate's assets. Title documents, bank statements, and vehicle registrations all help establish what's included.
Filing at the Register of Wills
Register of Wills Hon. Phyllis A. Superior presides over probate matters at the Register of Wills. The clerk's office is open Monday - Friday, 8:30 AM - 4:30 PM.
Office recommends calling during business hours prior to visiting. Most needs can be fulfilled by phone, mail, or through online services. All individuals seeking access to the Courthouse will be required to go through a security screening process
Who Inherits Without a Will?
Who inherits depends on whether there's a valid will. Without one, Maryland intestacy laws determine the distribution—and the results sometimes differ from what families expect.
See how this estate would be distributed:
Surviving spouses in Maryland can elect to take 33%ET §§ 3-403, 3-405, 3-407Verified Apr 15, 2026 of the estate regardless of the will. This election must be filed at the Register of Wills within 270 daysET §§ 3-403, 3-405, 3-407Verified Apr 15, 2026 of receiving probate notice.
The Register of Wills can approve a family allowance of up to $10,000ET § 3-201Verified Apr 15, 2026 for the surviving spouse and minor children during probate. This is paid before creditors.
Creditors must be notified through newspaper publication in St. Mary's County for 3Md. Code, Est. & Trusts §§ 7-103, 8-103, 8-105, 8-107Verified Apr 15, 2026 consecutive weeks, and known creditors receive direct written notice. The claim deadline is 6 monthsMd. Code, Est. & Trusts §§ 7-103, 8-103, 8-105, 8-107Verified Apr 15, 2026 from date of death.
Maryland has adopted digital asset access laws, allowing executors to manage the deceased's email, social media, and online accounts as part of estate administration.
Property owned in other states requires separate "ancillary" probate proceedings in each state. Maryland recognizes out-of-state personal representatives, which simplifies the process for families.
Legal Sources
- ET § 3-201
- ET §§ 3-403, 3-405, 3-407
- Md. Code, Est. & Trusts §§ 7-103, 8-103, 8-105, 8-107
- Md. Est. & Trusts § 5-601
Data sourced from Maryland statutes and official state code. How we research.
Register of Wills
St. Mary's County
Courthouse, 41605 Courthouse Drive, Room #G008
Leonardtown, MD 20650
Phone:
301-475-5566Fax:
301-475-4968
Hours:
Monday - Friday, 8:30 AM - 4:30 PM
Paper Filing Available
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