The Maryland Orphan’s Court, Register of Wills, and You

maryland register of wills orphans court

When someone dies with property lacking a joint title holder or beneficiary that property is considered probate property. Probate property has to pass through a deceased person’s estate before it can be distributed to any heirs, legatees, or beneficiaries. The Personal Representative of an estate is responsible for following the directives of a decedent’s last will and testament or following the rules of intestacy.

The Register of Wills is the administrative body that handles this process. All significant actions that an estate takes are reviewed and approved by the Orphan’s Court. A skilled estate attorney can help you or your family deal with the following issues arising from the Orphan’s Court or Register of Wills:

  1. Opening an Estate. Correctly filling out the paperwork necessary with the Register of Wills to get the right estate opened for a decedent is essential. Making a mistake at this point in the process can delay the settling of an estate or force you to start over and change the type of estate opened.
  2. Deadlines and Forms. The Personal Representative of an estate is required to file a number of forms and reports in an estate. These forms are due at certain intervals after an estate is open. An estate attorney can not only help you complete these forms, but asks the right questions to make sure all the correct information is gathered and disseminated to the Register of Wills in a stress-free and timely manner.
  3. Handling a Hearing. A hearing in front of the Orphan’s Court often involves questions of both fact and law. A skilled attorney can advise you on your duties as Personal Representative or protect your rights as an heir, legatee, or beneficiary. They can also advise you to make sure you do everything you can to avoid ever having to have a hearing.
  4. Approval of Accounts. An account details all the transactions to date in an estate. The Register of Wills reviews all accounts before sending them to the Orphan’s Court to review. A probate attorney can assist in making sure that the proper income and expenses are reported, the correct distributions are made, and any inheritance taxes are paid properly.
  5. Heirs, Legatees, and Beneficiaries: Sometimes, folks have questions about how someone else is handling an estate. If you are an interested person, but not the Personal Representative of an estate, you have rights too. A knowledgeable attorney can advise you of the process and make sure an estate is handled property both with the Register of Wills and the Orphan’s Court.

Consulting with an estate attorney about your loved one’s estate can save time, money, and headaches during an estate administration. The attorneys at Hoffman, Comfort, Offutt, Scott, & Halstad, LLP have the knowledge and expertise to assist you in administering an estate with the Register of Wills and Orphan’s Court. 

Contact us today at (410) 848-4444 or by filling out the contact form on this page to get started.

We have extensive experience with estate administration and probate all across Maryland and have worked often with The Register of Wills for Frederick County, The Register of Wills for Carroll County, The Register of Wills for Baltimore County, and many other registers across the state of Maryland.


 

Disclaimer – Blog Not Legal Advice – No Attorney-Client Relationship Formed by These Posts or By Any Comments, or By Comments Replying to Comments, on This Blog.

The information and materials on this blog are provided for general informational purposes only and are not intended to be legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information and materials provided may not apply to any specific factual and/or legal set of circumstances.  No attorney-client relationship is formed nor should any such relationship be implied. Nothing on this blog is intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. If you require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction. Past results are no guarantee of future results.