When Does Probate Begin—and How Long Does It Take?
When someone passes away, families often assume probate begins automatically. It does not.
In Maryland, probate generally begins when the appropriate documents are filed with the Register of Wills and a personal representative is officially appointed to administer the estate. Until that appointment occurs, the person named in the will may have limited ability to access estate accounts, sign contracts, sell estate property, or handle other assets belonging to the deceased.
Understanding when probate begins—and what determines how long it takes—can help families avoid unnecessary delays and make more informed decisions.
When Does Probate Officially Begin?
The probate process usually starts after an interested person files a petition with the Register of Wills in the Maryland jurisdiction where the deceased person was domiciled.
The filing may include:
- The original testament, if one exists
- A petition for administration
- A list of interested persons
- Required appointment and consent forms
- Information about the estate’s assets
- A death certificate or other supporting documents
If the filing is accepted, the Register of Wills or Orphans’ Court appoints a personal representative and issues Letters of Administration.
These letters provide the personal representative with the legal authority to begin administering the estate.
If someone dies without a will, the estate can still be opened. Maryland law determines who has priority to serve and how the estate’s assets are ultimately distributed.
Does Probate Begin on the Date of Death?
No. The date of death creates several important deadlines, but it does not automatically open the estate.
Someone must take affirmative steps to locate the will, identify the estate’s assets, prepare the appropriate documents, and file the petition.
This distinction matters because waiting too long to open the estate can create practical problems, including:
- Unpaid mortgage payments
- Lapsed homeowners insurance
- Deferred property maintenance
- Accumulating taxes, utilities, and association fees
- Unauthorized occupants
- Damage to vacant property
- Delayed access to estate funds
- Conflict among heirs or beneficiaries
The sooner the responsible parties understand the estate’s assets and obligations, the sooner they can develop an organized plan.
How Long Does Probate Take in Maryland?
There is no single timeline that applies to every estate.
A relatively organized, uncontested estate may move through administration in approximately nine to twelve months. A complicated estate can take considerably longer.
The Maryland Register of Wills establishes several important filing deadlines. For a regular estate, the inventory and information report are generally due within three months after the personal representative’s appointment. The initial account is generally due within 9 months of the appointment.
Under modified administration, when the estate qualifies and all required parties consent, the final report is generally due within ten months and final distribution within twelve months after appointment. Extensions may be available in certain circumstances.
Maryland also gives most creditors a limited period to present claims against the estate. In general, a claim must be presented by the earlier of six months after the decedent’s death or two months after proper direct notice is delivered to the creditor.
Current filing deadlines are available from the Maryland Register of Wills.
What Can Make Probate Take Longer?
Several factors can extend the probate timeline:
1. Difficulty locating the original will
If the original will cannot be found, additional legal steps may be necessary.
2. Disagreement over who should serve
Conflicts regarding the appointment of the personal representative can require a hearing before the Orphans’ Court.
3. Disputes among heirs or beneficiaries
Objections involving the will, distributions, accounting, or management of estate assets can slow the process.
4. Missing or complicated assets
Unlocated accounts, business interests, out-of-state property, title problems, and jointly owned assets may require additional investigation.
5. Creditor and tax issues
The personal representative must identify legitimate debts, address claims, file required tax returns, and determine the proper order of payment.
6. Problems with estate real estate
A property may have deferred maintenance, liens, occupants, personal belongings, code violations, or insufficient estate funds for repairs. These issues can delay the sale if they are not addressed early.
7. Missed filings or incomplete paperwork
Incorrect or late forms can lead to notices, additional hearings, or court intervention.
Does the Estate Have to Be Closed Before a Property Is Sold?
Not necessarily.
Maryland law generally gives a properly appointed personal representative authority to manage and sell estate property, subject to the will, applicable law, court orders, title conditions, and the circumstances of the estate.
This means the family usually does not need to wait until the entire probate process is finished before evaluating the property.
Once the personal representative has been appointed and the necessary authority has been confirmed, the estate can begin exploring options such as:
- Selling the property as-is
- Preparing it for a traditional retail listing
- Completing limited repairs
- Removing or preserving personal property
- Obtaining a professional valuation
- Addressing occupants, liens, or title concerns
- Holding the property when that approach serves the estate
The right strategy depends on the estate’s financial position, the property’s condition, the timeline, and the personal representative’s fiduciary responsibilities.
What Should a Personal Representative Do First?
A newly appointed personal representative should consider taking these steps:
- Confirm the scope of the authority granted by the Letters of Administration.
- Secure and insure estate property.
- Identify probate and non-probate assets.
- Track all expenses and estate-related transactions.
- Calendar required filing and creditor deadlines.
- Consult qualified legal and tax professionals when necessary.
- Obtain an early property assessment before authorizing major repairs or removing valuable items.
Early planning does not mean rushing the estate. It means identifying problems before they become expensive emergencies.
The Bottom Line
Probate does not begin automatically when someone dies. It begins when the estate is properly opened, and a personal representative is appointed.
While many Maryland estates may require approximately nine to twelve months to administer, the actual timeline depends on the estate’s complexity, creditor issues, taxes, family cooperation, required filings, and the condition of any real property.
If an estate includes a home in Prince George’s County or elsewhere in Maryland, obtaining an early real estate assessment can help the personal representative understand the property’s condition, estimated value, carrying costs, and available sale options before making a major decision.
Fred Dorsey, known as the Prince of Probate, helps personal representatives evaluate estate real estate and develop a practical property strategy designed to move the estate forward.
Need help determining the next step for an estate property? Schedule a confidential probate real estate consultation at FredDorsey.com.
This article is provided for general educational purposes and is not legal or tax advice. Probate requirements vary by estate. Consult a qualified Maryland attorney or the appropriate Register of Wills regarding your circumstances.
