Md. Code, Estates and Trusts § 2-101
In the estates of decedents law, the word “court” means the orphans’ court in a county, or the court exercising the jurisdiction of the orphans’ court in a county.
Md. Code, Estates and Trusts, Title 2
Md. Code, Estates and Trusts, Title 2
in effectMd. Code, Estates and Trusts § 2-102
(a) (1) The court may:
(i) Conduct judicial probate;
(ii) Direct the conduct of a personal representative;
(iii) Summon witnesses; and
(iv) Issue orders that may be:
1. Required in the course of the administration of an estate of a decedent; or
2. Necessary to determine the value or sources of payment of an elective share under § 3–413 of this article.
(2) The court may not, under pretext of incidental power or constructive authority, exercise any jurisdiction not expressly conferred.
(b) The court may not establish rules of practice and procedure inconsistent with the Maryland Rules or with any statute.
(c) An interested person may petition the court to resolve any question concerning an estate or its administration.
(d) This section may not be construed to limit the court’s authority under § 1–301(b) of this article.
Md. Code, Estates and Trusts § 2-103
The court has the same legal and equitable powers to effectuate its jurisdiction, punish contempts, and carry out its orders, judgments, and decrees as a court of record with general jurisdiction in equity.
Md. Code, Estates and Trusts § 2-104
The Maryland Rules for the summoning of a witness, and for depositions and discovery, apply to all actions.
Md. Code, Estates and Trusts § 2-105
(a) In a controversy in the court, an issue of fact may be determined by the court.
(b) (1) At the request of an interested person made within the time determined by the court, the issue of fact may be determined by a court of law.
(2) When the request is made before the court has determined the issue of fact, the court shall transmit the issue to a court of law.
(c) After the determination of the issue, whether by the court or after transmission to a court of law, the court shall enter an appropriate judgment or decree.
(d) This section does not apply where the estate is administered under the jurisdiction of a court having general equity jurisdiction.
Md. Code, Estates and Trusts § 2-106
(a) (1) Except as provided in this section and unless a different time is prescribed by local law, the court shall be held in each county at the usual place of holding court in the county, on the second Tuesday of February, April, June, August, October, and December, and more often if need be, according to its own adjournment.
(2) One of the judges of the court, in the absence of the others, shall have power to hold court at a stated time of adjournment only for the purpose of adjourning.
(3) Two judges shall have full power to do an act which the court is or may be authorized by law to perform, and two of them shall have power to hold court on a day not named in an adjournment, on the application of a person having pressing business in the court, if notice be given to any interested person, and the register records that notice has been given.
(4) One of the judges, in the absence of the others on account of prolonged illness, or in case of vacancy, shall have full power to do an act which the court is authorized by law to do, provided there is attached to the proceedings or papers in each case a certificate signed by the register, certifying to the vacancy or prolonged illness of the judge or judges not attending court on that day.
(5) If the court does not meet on a day fixed for its meeting and is not adjourned as provided, the register shall adjourn the court from day to day until a meeting is had according to law.
(b) (1) The sessions of the Court in Baltimore City shall continue from 10 a.m. to 4 p.m., if necessary for the transaction of the business of the Court.
(2) (i) In Baltimore City, a judge of the Orphans’ Court who is also an attorney–at–law has full power to do any act which the Court is or may be authorized by law to perform, including the power to hold court on a day not named in an adjournment.
(ii) On request of any interested party filed within the time determined by the Court, two judges shall be required to act for the Court.
(c) In Montgomery County, a judge of the Circuit Court for Montgomery County at the time sitting as the Orphans’ Court for the County shall have full power to do an act which the Orphans’ Court of the County is or shall be authorized to perform, including the power to hold court on a day not named in an adjournment as provided.
(d) (1) Each judge of the Court for Prince George’s County shall spend at least 3 days each week in the conduct of the business of the Court.
(2) (i) Subject to subparagraph (ii) of this paragraph, in Prince George’s County, a judge of the Orphans’ Court who is also an attorney–at–law has full power to do any act which the Court is or may be authorized to perform, including the power to hold court on a day not named in an adjournment.
(ii) On request of any interested party, two judges shall be required to act for the Court.
(3) If necessary to transact business before the Court, court may be convened 5 days each week.
(e) (1) In Harford County, the provisions of subsection (a) of this section do not apply.
(2) A judge of the Circuit Court for Harford County shall sit as the Orphans’ Court for the County at the time or times established by the judges of the County Circuit Court and shall have full power to do any act which the Orphans’ Court of the County is or shall be authorized to perform, including the power to hold court on a day not named in an adjournment.
(f) (1) The sessions of the Court in Baltimore County shall continue from 10 a.m. to 4 p.m., if necessary for the transaction of the business of the Court.
(2) A judge of the Orphans’ Court in Baltimore County who is also an attorney–at–law has full power to do any act that the Court is authorized by law to perform, including the power to hold court on a day not named in an adjournment.
(g) (1) In Charles County, the sessions of the Court shall be held on at least one day each week, as determined by the Court, for the transaction of business.
(2) In Howard County, the sessions of the Court shall be held as determined by the Court for the transaction of business.
(h) In Anne Arundel County, the sessions of the Court shall be held at least 2 full business days each week, and more often if necessary, for the transaction of business.
(i) If an orphans’ court judge of a county is unable to serve for any reason, the Chief Justice of the Supreme Court of Maryland may assign, on a temporary basis, an orphans’ court judge of another county to sit for the judge who is unable to serve.
(j) In Cecil County, the sessions of the Court shall be held every Tuesday for the transaction of the business of the Court, and more often if need be, according to its own adjournment.
Md. Code, Estates and Trusts § 2-107
(a) (1) Except in Harford County and Montgomery County, the Governor shall designate and commission one of the three judges of the Court in each county as Chief Judge of the Court.
(2) Full power and authority are vested in each judge designated and commissioned as chief judge to act as chief judge.
(3) Any writ and other process tested in the name of the chief judge is valid for any purpose.
(b) (1) A reference in the estates of decedents law to the chief judge of the court of a county means, with regard to Harford County or Montgomery County, the judge of the circuit court then sitting as the Orphans’ Court.
(2) A reference to the judges of the court in plural number means, with respect to Harford County or Montgomery County, the judge of the circuit court then sitting as the Orphans’ Court, unless the section otherwise specifically provides.
Md. Code, Estates and Trusts § 2-108
(a) (1) Except in Montgomery County and Harford County, the judges of the courts shall receive compensation and allowances as prescribed by law.
(2) Unless otherwise provided, the compensation shall be paid in monthly installments.
(3) Mileage or travel expenses may not be allowed to a judge for attending sessions of the judge’s court except as specifically provided.
(b) (1) Each of the judges of the Court for Allegany County shall receive an annual salary set by the County Commissioners in accordance with Title 28, Subtitle 1 of the Local Government Article.
(2) Each judge shall also receive an expense allowance in the amount of $600 annually, to be paid at the rate of $50 monthly.
(c) (1) Each of the judges of the Court for Anne Arundel County shall receive an annual compensation as set by the County Executive and the County Council.
(2) Each judge shall also receive an expense allowance up to $150 per month for personal expenses incidental to the judge’s duties, to be paid by the Comptroller of Anne Arundel County each month on presentation of an itemized voucher in accordance with rules and regulations prescribed by the Comptroller.
(d) (1) (i) Each judge of the Court of Baltimore City shall receive an annual compensation as determined by the Mayor and City Council of Baltimore City.
(ii) Each judge who was in active service on or after January 1, 1984, shall be paid after the termination of active service, if the judge is then at least 60 years of age or when the judge shall attain 60 years of age, a pension or salary as determined by the Mayor and City Council of Baltimore City.
(2) (i) The surviving spouse of every elected judge of the Court of Baltimore City shall be paid one–half of the pension to which the judge’s spouse was entitled at the time of the judge’s death, or would have become entitled to by reason of attaining 60 years of age.
(ii) In each instance, the pension shall be paid to the spouse until remarriage or death.
(iii) The provisions of this subsection shall not apply in the case of a spouse who was married to a sitting judge for a period of less than 3 years before the judge’s death, and to a retired judge for a period less than 3 years before the judge’s retirement.
(e) Each of the judges of the Court for Baltimore County shall receive an annual compensation as set by the County Executive and the County Council in accordance with Article 4 of the Baltimore County Code.
(f) (1) Each of the judges of the Court for Calvert County shall receive as annual compensation the sum of $8,925.
(2) The salary of the Chief Judge is $9,130.
(3) The County Commissioners may provide additional funds for expenses for the judges.
(g) Each of the judges of the Court for Caroline County shall receive an annual salary as determined by the County Commissioners, but not less than $5,000.
(h) (1) Each of the judges of the Court for Carroll County shall receive an annual compensation of $15,000, to be paid monthly.
(2) The annual salary of the Chief Judge is $16,500, to be paid in equal monthly installments.
(3) Each judge and the Chief Judge shall also be allowed $200 annually for traveling expenses, payable quarterly.
(i) (1) Each of the judges of the Court for Cecil County shall receive an annual compensation of:
(i) $5,500 for fiscal year 2015;
(ii) $6,500 for fiscal year 2016;
(iii) $7,500 for fiscal year 2017; and
(iv) $8,750 for fiscal year 2018 and each subsequent fiscal year.
(2) Each judge shall also receive an allowance for traveling expenses of $1,500 annually, to be paid quarterly by the county.
(j) (1) The annual salary for each judge of the Court for Charles County is:
(i) $12,000 for calendar year 2018;
(ii) $12,250 for calendar year 2019;
(iii) $12,500 for calendar year 2020;
(iv) $12,750 for calendar year 2021; and
(v) $13,000 for calendar year 2022 and each subsequent calendar year.
(2) Beginning in calendar year 2019, the Chief Judge shall receive an additional $500 annually.
(3) Each judge is entitled to $500 each year for travel expenses, payable quarterly.
(k) (1) Each of the judges of the Court for Dorchester County shall receive an annual salary as determined by the County Council, but not less than $6,000.
(2) Each judge shall also receive an expense allowance as determined by the County Council, but not less than $1,000 annually.
(l) (1) The Chief Judge of the Court for Frederick County shall receive an annual compensation of $11,000.
(2) Each of the associate judges of the Court for Frederick County shall receive an annual compensation of $10,000.
(3) Each judge also shall receive reimbursement for expenses actually incurred in the performance of duties, up to $700 per year, to be paid by the Board of County Commissioners each month on presentation of an itemized voucher.
(m) (1) Each of the judges of the Court for Garrett County shall receive an annual salary set by the Board of County Commissioners in accordance with §§ 32.43 and 32.44 of the Public Local Laws of Garrett County.
(2) (i) Each judge shall be reimbursed for traveling to and from the sessions of the Court at the rate Garrett County pays for mileage.
(ii) Each judge shall also receive an amount for expenses for every day’s attendance on the sessions of the Court set by the Board of County Commissioners in accordance with §§ 32.43 and 32.44 of the Public Local Laws of Garrett County.
(n) (1) Each associate judge of the Court for Howard County shall receive an annual compensation, to be paid monthly, of:
(i) $12,000 for fiscal year 2019;
(ii) $14,000 for fiscal year 2020;
(iii) $16,000 for fiscal year 2021; and
(iv) $18,000 for fiscal year 2022.
(2) The Chief Judge shall receive an annual compensation, to be paid monthly, of:
(i) $13,500 for fiscal year 2019;
(ii) $15,500 for fiscal year 2020;
(iii) $17,500 for fiscal year 2021; and
(iv) $19,500 for fiscal year 2022.
(3) Each judge shall also receive an expense allowance, in addition, up to $50 per month, for personal expenses incidental to the judge’s duties, to be paid by the Treasurer of Howard County each month on presentation of an itemized voucher.
(o) (1) Each of the judges of the Court for Kent County shall receive a salary as set by the County Commissioners.
(2) (i) Each judge shall receive an allowance for travel expenses in accordance with the county budget.
(ii) The County Commissioners shall pay quarterly to each judge the travel allowance provided in subparagraph (i) of this paragraph.
(p) Each judge of the Court for Prince George’s County shall receive an annual compensation as determined by the County Executive and County Council.
(q) (1) Each of the judges of the Court for Queen Anne’s County shall receive a salary as set by the County Commissioners.
(2) (i) Each judge shall receive an allowance for travel expenses in accordance with the County budget.
(ii) The County Commissioners shall pay quarterly to each judge the travel allowance provided in subparagraph (i) of this paragraph.
(r) (1) The Chief Judge of the Court for St. Mary’s County shall receive an annual salary of $11,000, with a 1.5% annual increase.
(2) Each associate judge of the Court for St. Mary’s County shall receive an annual salary of $10,000, with a 1.5% annual increase.
(3) In addition, each judge shall:
(i) Receive annually $150 for each year served; and
(ii) Be allowed $1,000 annually for traveling expenses, payable quarterly.
(s) (1) The Chief Judge of the Court for Somerset County shall receive an annual salary of $5,200 to be paid quarterly.
(2) Each of the associate judges of the Court for Somerset County shall receive an annual salary of $4,800 to be paid quarterly.
(3) Each judge shall also receive a daily allowance for traveling expenses of $55 for every day’s attendance on the sessions of the Court.
(t) Each of the judges of the Court for Talbot County shall receive a salary as set by the County Council.
(u) (1) As compensation each of the judges of the Court for Washington County shall receive an annual compensation as set by the County Commissioners of Washington County under Title 28, Subtitle 2 of the Local Government Article.
(2) The County Commissioners may provide for an expense allowance as the County Commissioners determine.
(v) (1) Each judge of the Court for Wicomico County shall receive an annual salary of $11,600 to be paid quarterly.
(2) Each judge shall also receive an annual allowance for traveling expenses of $1,560 to be paid quarterly.
(w) (1) The Board of County Commissioners of Worcester County shall determine the compensation for judges of the Court for Worcester County but the compensation may not be less than the sum of $30 for every day’s attendance on the sessions of the Court.
(2) The judges shall also receive an allowance for traveling expenses of $1,600 annually.
(x) (1) Except in Montgomery, Frederick, Carroll, Talbot, Cecil, Kent, Queen Anne’s, Garrett, and Harford counties and Baltimore City, and except as otherwise provided in this subsection, a county shall pay a pension, in the same manner as salaries are paid during active service, to each judge of the Orphans’ Court who:
(i) Has terminated active service;
(ii) Has reached 60 years of age; and
(iii) Has completed at least two terms of office.
(2) Except as provided in this section, the salary or pension shall be the greater of:
(i) $1,200 annually; or
(ii) An annual amount calculated at the rate of 4% of the last annual amount of compensation multiplied by the number of years or partial years of service, not exceeding 12 years.
(3) An Orphans’ Court judge in Somerset County and Worcester County is eligible for a pension under this subsection only if the judge is in office on or before July 1, 1979.
(4) In Wicomico County, an Orphans’ Court judge who has completed at least 12 years in office is eligible for a pension under this subsection.
(5) In Prince George’s County, the salary or pension to each Orphans’ Court judge shall be the greater of:
(i) $1,200 annually; or
(ii) An annual amount calculated at the rate of 4% of the last annual amount of compensation multiplied by the number of years or partial years of service, not exceeding 20 years.
(6) In Allegany County, the pension for an Orphans’ Court judge shall be the greater of:
(i) $1,200 annually; or
(ii) 1. Except as provided in item 2 of this subparagraph, an annual amount calculated at the rate of 4% of the last annual amount of compensation multiplied by the number of years of service, not exceeding 24 years; or
2. An annual amount equal to two–thirds of the last annual amount of compensation if the judge has more than 16 years of service.
(7) (i) This paragraph applies only in Baltimore County.
(ii) An Orphans’ Court judge is eligible for a pension under this subsection only if the judge was in office on or after January 1, 2022.
(iii) The pension shall be the greater of:
1. $1,200 annually; or
2. An annual amount calculated at the rate of 4% of the last annual amount of compensation multiplied by the number of years of service beginning on or after January 1, 2022, not exceeding 24 years.
(iv) 1. Subject to subsubparagraph 2 of this subparagraph and except as provided in subsubparagraph 3 of this subparagraph, a surviving spouse of an Orphans’ Court judge shall be paid one–half of the pension to which the judge was entitled at the time of the judge’s death, or would have been entitled on attaining 60 years of age.
2. A pension shall be paid to a surviving spouse until the surviving spouse’s death or remarriage.
3. A surviving spouse is not entitled to a pension if the surviving spouse was married to an active or retired judge for a period of less than 3 years before the active judge’s death or the retired judge’s retirement.
(v) The County Council shall establish, by law:
1. Requirements for an Orphans’ Court judge to contribute to the pension system;
2. Procedures and requirements for purchasing eligibility service credit; and
3. Any other provisions necessary to carry out this paragraph.
(8) The pension or salary may be suspended during any month the judge is a full–time employee of any county or of this State.
(9) Notwithstanding any provision of this section an Orphans’ Court judge may not receive a pension under this section if the judge is receiving any other State pension based on service as an Orphans’ Court judge.
Md. Code, Estates and Trusts § 2-109
A judge of the court may not act as an attorney at law in a civil or criminal matter during a term of office if the matter is:
(1) (i) Within the jurisdiction of the court in any county or Baltimore City; and
(ii) Related to the administration of an estate or a guardianship of a minor; or
(2) Related to the preparation of an estate plan or estate planning documents that might come within the jurisdiction of the court in any county or Baltimore City following the death of any individual.
Md. Code, Estates and Trusts § 2-201
(a) “Register” means the register of wills of a county.
(b) When an estate is being administered in equity, “register” means the clerk of the court.
Md. Code, Estates and Trusts § 2-202
(a) Each register shall devote the register’s full working time to the duties of the register’s office.
(b) The register shall not practice law during the term of the register’s office.
Md. Code, Estates and Trusts § 2-202.1
§2–202.1.
Before assuming the duties of office, each deputy and clerk of a register shall take and subscribe the following oath:
I, (name), do swear that I will not for money, profit, or malice delay any person who applies to me for any business of the office of the register, or directly or indirectly ask, take, exact, demand, or receive from or charge to that person to my own use any fee or reward for any service I may do as a deputy or clerk of the register, and that in charging the fees of the office of the register I will not willingly charge other or higher fees than the law allows.
Md. Code, Estates and Trusts § 2-203
(a) Except as provided in subsection (d) of this section with respect to an estate being administered or about to be administered in the office of the register, a register, deputy, clerk, or any other employee may not ask for, take, or receive from a person a fee, commission, gratuity, gift, or reward for performing a service.
(b) The service referred to in subsection (a) of this section includes:
(1) Giving advice;
(2) Referring business;
(3) Performing a service other than for actual expenses of travel incurred in connection with the probate of a will; or
(4) Acting as agent, representative or in any other capacity for a surety corporation for which compensation is given directly or indirectly.
(c) Any person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 for each offense.
(d) This section does not apply to the payment of a fee authorized by § 2–206 of this subtitle.
Md. Code, Estates and Trusts § 2-204
(a) (1) At the time of assuming office, the register shall give bond to the State.
(2) The provisions of § 2–105(b), (d), (e), and (f) of the Courts Article shall be applicable to the bond.
(3) The bond shall be for the term of the register’s office in the form and for the penalty the Comptroller prescribes, with the advice of the Legislative Auditor.
(4) The Comptroller may require that the penalty of a bond be supplemented or increased.
(b) If the register fails to give bond before the register acts as register, the register is guilty of a misdemeanor and on conviction shall pay a fine of $1,000.
Md. Code, Estates and Trusts § 2-205
(a) (1) It is the intent of this section that each register shall receive a fair and adequate compensation for the effort and duties required of the register by the register’s office.
(2) The volume and character of work done by the register shall be in comparison to the salary fixed by the Board of Public Works for each of the other registers.
(b) (1) Each register is entitled to receive an annual salary of not more than $146,500, to be determined in each instance by the Board of Public Works.
(2) In determining the annual salary of the register, the Board of Public Works shall be guided in the exercise of its discretion by:
(i) The population of the county determined by the last official United States census;
(ii) The dollar volume of total fees and taxes collected and excess fees turned over to the State for each of the preceding 5 years by the office of the register for which the salary is being fixed; and
(iii) Other pertinent data which have relation to the reasonableness of the salary in relation to the work done and volume handled by the office.
(c) The minimum annual salary for the register in Baltimore City is $12,000.
(d) (1) The salaries of the registers shall be paid semimonthly from the fees and receipts of the office, after deducting the expenses of the office.
(2) Expenses include salaries of deputies and clerks, books, stationery, office supplies, and other necessary and customary expenses of doing business.
(e) (1) (i) If the fees and receipts of the office are insufficient in any fiscal year to pay all or a part of the expenses of the office and authorized salary of a register, the deficiency shall be funded from the taxes remitted to the Comptroller by the register during that fiscal year.
(ii) Written authority for the transfer of funds shall be first obtained from the Comptroller.
(2) In the event that tax collections for the fiscal year are insufficient, the Comptroller shall make up the deficit from excess fees remitted from all other registers.
Md. Code, Estates and Trusts § 2-206
(a) (1) In this subsection, “poverty” means:
(i) At the time of the decedent’s death, the decedent’s family household income was less than 50% of the median family income for the State as reported in the Federal Register; or
(ii) The personal representative is represented by an attorney retained through the Maryland Legal Services Corporation.
(2) The registers of wills are entitled to charge and collect the fees listed in this section for the performance of their duties.
(3) Unless otherwise provided by law, a register of wills is not required to record any document filed with the register or provide to any person a copy of a document until the appropriate fee for the document has been paid.
(4) A register of wills shall waive any fees under this section for the administration of an estate if:
(i) The real property of the decedent subject to administration in the State is:
1. To be transferred to an heir of the decedent who resides on the property; or
2. Encumbered by a lien against the property and subject to sale under Title 14, Subtitle 8 of the Tax – Property Article; and
(ii) The estate is unable to pay the fees by reason of poverty.
(b) (1) For taking probate of wills and furnishing 2 certified copies of the will and codicils, granting letters of administration and furnishing 12 certificates of letters, issuing warrants to appraise, entering on estate docket, filing elections of surviving spouses to take intestate shares, filing renunciations and disclaimers, filing and recording wills, bonds, inventories, accounts of sale, releases, administration accounts, petitions and orders, and other papers filed in the administration of decedents’ estates not otherwise specified in subsections (c) through (l) of this section, the probate fees shall be as stated under paragraph (2) of this subsection.
(2) Probate fees shall be assessed on the value of the probate estate at the following rates:
If the
Value
of the
Probate But Less The Fee
Estate Is Than Is
At Least
(i) ��� –– $50,000 $0
(ii) ��� $50,000 $100,000 $100
(iii) ��� $100,000 $500,000 $200
(iv) ��� $500,000 $1,000,000 $1,000
(v) ��� $1,000,000 $2,500,000 $2,000
(vi) ��� $2,500,000 $5,000,000 $5,000
(vii) ��� $5,000,000 $7,500,000 $7,500
(viii) ��� $7,500,000 $10,000,000 $10,000
(ix) ��� $10,000,000 –– $10,000 plus .02%
of excess over
$10,000,000
(3) Except as provided in paragraph (4) of this subsection, for purposes of determinations under paragraph (2) of this subsection, the value of a probate estate is the amount, as reflected in the administration accounts filed in the proceedings, that equals:
(i) The sum of:
1. The value of all inventories filed in the proceedings;
2. All principal and income receipts; and
3. All increases realized on a disposition, other than a distribution to beneficiaries, of any probate asset; less
(ii) All decreases realized on a disposition, other than a distribution to beneficiaries, of any probate asset.
(4) (i) If an estate proceeds through modified administration, for the purpose of determining the appropriate fee under paragraph (2) of this subsection, the value of an estate is the gross value of the probate assets reported on the final report under modified administration.
(ii) A register of wills shall assess and collect the probate fee when the personal representative files the final report.
(5) (i) Except as provided in subparagraph (ii) of this paragraph, the register shall assess and collect the probate fee when the first administration account is filed.
(ii) If there are any additions to the value of a probate estate, as reflected in any subsequent administration account, the register shall:
1. Assess an additional fee in an amount equal to the excess of:
A. The fee as determined under paragraph (2) of this subsection based on the value of the probate estate as reflected in the currently filed administration account; over
B. The fee as determined under paragraph (2) of this subsection based on the value of the probate estate as reflected in the most recent previously filed administration account; and
2. Collect the additional fee when the subsequent administration account is filed.
(c) For furnishing an additional letter of administration, with seal $1
(d) For a certified copy of a record, if expressly required by law or a person, with seal ……………………………………………………………………………………….$1
(e) For an exemplified copy of a record, if expressly required by law or a person, with seal $2
(f) For recording a claim against an estate of a deceased person, for each..$3
(g) For recording papers in caveat or other controversial matter, for the petitioner ……………………………………………………………………………………..$20
(h) For transcribing papers filed in caveat or other controversial proceedings when taken to higher court, per page or part of a page $2
(i) For recording papers filed in caveat or other controversial proceedings, when mandate of higher court is filed, per page or part of a page $2
(j) For copies of a paper or record, including plain certification and seal, per page or part of a page $2
(k) For photostatic or other artificially reproduced copies of a paper or record, per page or part of a page 50 cents
(l) For receiving a will for deposit during the lifetime of the testator $5
(m) For filings regarding a guardianship proceeding, for the petitioner $20
(n) For receiving and paying over an inheritance tax due the State, the register is allowed a commission of 25% of the inheritance tax.
(o) For all proceedings involving a foreign personal representative, a single fee of 1% of the gross value of the estate.
(p) For a copy of a recording of a hearing before an orphan’s court $25
(q) For the actual cost charged by the financial institution of a check returned for insufficient funds or other reason.
(r) For the actual cost of all certified mailings, registered mailings, or other method of process except first–class mail.
Md. Code, Estates and Trusts § 2-207
(a) (1) Every register shall return annually to the Comptroller a full and accurate account of the fees and receipts of the register’s office and of the expenses incident to the proper conduct of the register’s office.
(2) The account shall be verified and in the form and supported by the proof prescribed by the Comptroller.
(b) The excess of fees and receipts over expenses shall be delivered by the register to the Comptroller with each report.
(c) The Comptroller shall deposit the fees received under this section in the General Fund of the State.
Md. Code, Estates and Trusts § 2-208
(a) In addition to other powers and duties provided for in this title, each register has the additional powers and duties specified in this section.
(b) (1) The register shall appoint deputies and clerks required for the efficient operation of the register’s office.
(2) Appointments and compensation of deputies and clerks shall be approved by the Comptroller.
(3) When qualified, every deputy shall have the power and authority to act in the place of the register and every act performed by a deputy shall have the force and effect as if performed by the register.
(c) (1) The register shall receive, file, and store safely every original paper and record left in the register’s custody, in a repository of the courthouse as the court may direct.
(2) The County Commissioners, County Council, or the Mayor and City Council of Baltimore shall provide and keep in repair the repository at its expense.
(d) (1) The register shall keep a proper docket showing the grant of letters and a short entry of every paper filed in the court and every order of the court or the register, setting forth the nature of the order or paper.
(2) The docket shall be similar in every respect to the dockets required to be kept in the offices of the equity courts.
(3) The dockets shall be subject to supervision, examination, and control as ordered by the Comptroller.
(e) The register shall make out and issue every summons, process, or order of the court and, in every respect, act under the control and direction of the court as the clerk of a court of law acts under the direction of the court of law.
(f) (1) The register shall issue and certify under the seal of the court a copy of any part of the proceedings in the court or in the register’s office which a person may demand.
(2) Unless otherwise provided by law or order of a court of competent jurisdiction, any person may, without charge, inspect, examine, and make memoranda or notes from an index or paper filed with the register.
(g) (1) Each register shall attend each meeting of the court and, under the direction of the court, make full and fair entries of court proceedings.
(2) The register may also record by photographic process in strong bound books every probated will, and record by photographic process every other paper filed in the court or in the register’s office in a manner, consistent with the provisions of § 2–211 of this subtitle, as may be prescribed by the Comptroller and the State Archives to insure uniformity throughout the State.
(h) Except Saturdays, Sundays, Fridays when a legal holiday falls on a Saturday, and legal holidays, the register shall attend the register’s office daily in person or by deputy unless prevented by sickness, accident or necessity.
(i) The register shall audit every account filed with the register and examine in detail every voucher which may be submitted to substantiate payments made by a personal representative.
(j) The register shall inform the court of a default in the past of a personal representative which may come to the register’s attention.
(k) The register shall keep a seal of the court and the register.
Md. Code, Estates and Trusts § 2-209
(a) Any will, probated, or any paper filed in the office of the register may not be delivered out of the office to any person.
(b) When a will or other paper is properly demanded for introduction in evidence, it shall be presented under the care of the register or the register’s deputy.
(c) (1) The register may comply with subsection (a) of this section by
retaining a permanent paper file of a probated will in the office and a copy of any other file associated with the estate in paper, photographic, microprocessed, magnetic, mechanical, electronic, digital, or any other medium if the copy is maintained in a manner that:
(i) Is clear and legible;
(ii) Accurately reproduces the original document in its entirety, including any attachments to the document;
(iii) Is capable of producing a clear and legible hard copy of the original document; and
(iv) Preserves evidence of any signature contained on the document.
(2) No sooner than 180 days following the closing of an estate, the register may dispose of any file associated with the estate other than the will if a copy of the file is retained by the register in accordance with paragraph (1) of this subsection.
(3) In consultation with the Comptroller and the State Archives to ensure uniform application throughout the State, the register shall develop standards in accordance with paragraph (1) of this subsection.
Md. Code, Estates and Trusts § 2-210
Within five days after receiving the text of the first published newspaper notice as provided in § 7–103 of this article and the written notice from the personal representative of the names and addresses of the heirs and legatees as provided in § 7–104 of this article, the register shall forward to each such person a copy of the newspaper notice published according to § 7–104 of this article, in the manner prescribed in § 1–103(a) of this article, directed according to the information received from the personal representative.
Md. Code, Estates and Trusts § 2-211
(a) The register shall maintain in the register’s office, for the purpose of recording the proceedings in connection with the administration of estates, a wills record book, an administration proceedings record book, a release record book, and a claims docket in addition to the claims against the nonresident decedents book described in § 5-503 of this article.
(b) Immediately upon the administrative or judicial probate of a will the register shall record it, with every paper incidental to probate, in the wills record book, and the register shall index it under the name of the decedent.
(c) Upon the final approval of the final administration account, all inventories, accounts, petitions, notices to creditors, and orders of court shall be recorded by the register in the administration proceedings record book, and indexed under the name of the decedent.
(d) Every release shall be promptly recorded by the register in the release record book, in the order of their filing, and shall be indexed under the name of the releasor.
(e) (1) Every claim filed with the register under the provisions of § 8-104(c) of this article shall be entered by the register in the claims docket promptly upon receipt so that the record shall show the name of the claimant, the nature of the claim, and the amount of the claim.
(2) Every entry relating to an estate or a decedent shall be indexed under the name of the decedent.
Md. Code, Estates and Trusts § 2-212
(a) In cooperation with the registers, the Attorney General shall:
(1) Make available to the public basic instructional materials to assist the public in the procedure and preparation of forms for probate; and
(2) Review the instructional materials on a regular basis and update them as necessary.
(b) The registers and designated employees of the registers shall:
(1) Provide the materials required under subsection (a) of this section to the public; and
(2) Assist and advise any person who requests assistance or advice in the preparation of any forms for administrative probate under this article.
Md. Code, Estates and Trusts § 2-213
A register shall make available to the public information about registering with the State donor registry.
Md. Code, Estates and Trusts § 2-214
(a) (1) Subject to the requirements of paragraph (2) of this subsection, two individuals may register a domestic partnership by filing a declaration of domestic partnership with the register of wills in the county in which the domestic partners are domiciled.
(2) A declaration of domestic partnership filed with the register of wills shall:
(i) Include:
1. The full legal name of each domestic partner;
2. The home address of each domestic partner;
3. The date of birth of each domestic partner; and
4. The Social Security number of each party who has a Social Security number;
(ii) Be signed directly by each party, or by another individual, at the express direction of the party and in the party’s presence;
(iii) Be signed in the physical presence of a notary public or before a notary public through communication technology in accordance with Title 18, Subtitle 2 of the State Government Article; and
(iv) Affirm under penalty of perjury that each domestic partner is:
1. At least 18 years old;
2. The sole domestic partner of the other;
3. Not married; and
4. In a committed relationship with the other individual.
(b) The register of wills may refuse to register a domestic partnership if the declaration of domestic partnership does not meet the requirements of subsection (a)(2) of this section.
(c) The register may charge a fee of up to $25 for the filing of a declaration of domestic partnership.
(d) (1) The register shall maintain adequate records of declarations of domestic partnership, amendments to declarations of domestic partnership, and termination statements.
(2) Except as provided in paragraphs (3) and (4) of this subsection, a declaration of domestic partnership filed with a register of wills is a public record.
(3) The register shall deny inspection of the part of a declaration of domestic partnership that contains the home address of either domestic partner.
(4) Except as provided in § 4–334 of the General Provisions Article, the Social Security number of a party may not be disclosed as part of the public record of the declaration of domestic partnership.
(e) (1) (i) Except as provided under paragraph (2) of this subsection, a domestic partnership may be terminated by filing a declaration of termination with the register.
(ii) A declaration of termination shall:
1. Be signed by both parties; or
2. If the declaration of termination is not signed by both parties, include a statement that a copy of the declaration of termination has been served on the nonsigning party.
(iii) A declaration of termination filed under this paragraph is effective 6 months after the date of filing.
(2) (i) If a domestic partnership has been abandoned by one of the domestic partners, the abandoned domestic partner may file a declaration of termination not earlier than 6 months after the abandonment.
(ii) A declaration of termination filed under this paragraph shall:
1. Include a statement that the filing party has not been in contact with the nonfiling party for at least 6 months preceding the date of filing; and
2. If the location of the nonfiling party is known, include a statement that a copy of the declaration of termination has been served on the nonfiling party.
(iii) A declaration of termination filed under this paragraph is effective immediately.
(f) (1) A registered domestic partnership terminates immediately on:
(i) Certification of marriage of either domestic partner; or
(ii) The death of either domestic partner.
(2) This subsection may not be interpreted to terminate any rights or benefits otherwise enjoyed by or owed to a surviving registered domestic partner.
(g) (1) The surviving partner of a registered domestic partnership shall qualify for the following benefits:
(i) The share of a surviving spouse or surviving registered domestic partner of an intestate decedent in accordance with § 3–102 of this article;
(ii) The family allowance for a surviving spouse or surviving registered domestic partner of an intestate decedent in accordance with § 3–201 of this article;
(iii) Priority of appointment as the personal representative for a surviving spouse, surviving registered domestic partner, and children of an intestate decedent in accordance with § 5–104(3) of this article; and
(iv) The inheritance tax exemption under § 7–203(l)(3) of the Tax – General Article.
(2) The surviving domestic partner of a registered domestic partnership is not entitled to elect to take an elective share of the estate under § 3–403 of this article.
(h) (1) If the laws of another jurisdiction establishing a relationship other than marriage are substantially similar to the requirements of this section, the relationship established by the other jurisdiction shall be recognized as a registered domestic partnership in the State.
(2) (i) The register shall establish, update, and maintain a certified list of jurisdictions with laws of domestic partnership that are substantially similar to the provisions of this section.
(ii) If the register has not certified that the laws of another jurisdiction are substantially similar to the requirements of this section, but the laws of that jurisdiction establish a relationship, regardless of the term or phrase used by the jurisdiction, that has the rights and responsibilities of marriage, the relationship shall be recognized by the register as a registered domestic partnership in the State and the register shall include that jurisdiction in the certified list under subparagraph (i) of this paragraph.
(3) The register shall broadly construe the term “substantially similar” to maximize the recognition of relationships from other jurisdictions as registered domestic partnerships in the State.
Md. Code, Estates and Trusts § 2-215
(a) In this section, “electronic”, “sign”, and “will” have the meanings stated in § 4–101 of this article.
(b) (1) A register shall accept any document, except an original will, that is filed:
(i) Electronically through a system established by the register; and
(ii) In accordance with the Maryland Rules.
(2) Nothing in this subsection may be construed to prohibit the filing of a document in paper form with a register.
(c) A register may not refuse to accept any document based on the manner in which it was signed.
Md. Code, Estates and Trusts § 2-301
(a) (1) The register may appoint a reasonable number of standing appraisers to serve at the register’s pleasure.
(2) Subject to the approval of the Comptroller, the register may fix the conditions of their employment and their remuneration.
(b) (1) If a register exercises the register’s authority to appoint standing appraisers, all property required to be independently appraised but not appraised by special appraisers under § 7–202(e) of this article shall be appraised by standing appraisers.
(2) If a register does not appoint standing appraisers, the register shall, with respect to any estate which contains property required to be independently appraised but not appraised by special appraisers, appoint general appraisers as provided in § 2–302 of this subtitle.
(c) An appraisal fee is payable only to a person making an appraisal requested by the personal representative, and is always subject to review by the court.
Md. Code, Estates and Trusts § 2-302
(a) On application by the personal representative in accordance with § 7–202(b) of this article for the appointment of general appraisers, the register shall designate one or more qualified persons not related to the decedent nor interested in the administration.
(b) On designation of the general appraisers, the register shall issue a warrant authorizing and directing them jointly to appraise all property of the estate of the decedent required to be independently appraised but not specially appraised under § 7–202(e) of this article.
(c) If an appraiser shall fail to act, the register shall make a new designation and issue a new warrant on application by the personal representative.
Md. Code, Estates and Trusts § 2-303
(a) An appraiser shall perform his duty expeditiously.
(b) (1) The appraisal shall be in columnar form, and state generally each item that has been appraised and the value of each item in dollars and cents.
(2) The appraisal shall contain a statement signed and verified by the appraisers certifying that they have impartially valued the property described in the appraisal to the best of their skill and judgment.
(c) The appraisal shall immediately on completion and verification be delivered to the personal representative.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026