How Do Maryland Orphan’s Courts Work?

Maryland Orphan’s Courts are probate courts charged with supervising the administration of the estates of the deceased. Established in each county in Maryland, the Orphan’s Court has jurisdiction to resolve issues concerning the property of a deceased owner. Appeals from an orphan’s court are taken to the Court of Special Appeals.

According to Article § 2–102 of the Maryland constitution, Orphan’s Court has jurisdiction over probate issues, directing or appointing a personal representative of a decedent’s estate, and appointing a guardian to oversee the inheritance of a minor. The court is in charge of probate assets—properties acquired only in the decedent’s name. In probate asset cases, it does not matter whether the decedent has a last will or not. However, contested probate matters are handled by the trial court of general jurisdiction.

The Orphan’s Court has an estate administrator referred to as the personal representative of the estate. The estate administrator is responsible for managing and accounting for the decedent’s estate and ensuring that all administrative expenses, including taxes, are paid, and all final outstanding, are valid.

The personal representative is tasked with filing inventories with the Register of Will within the decedent’s residence. An inventory includes the nature and value of the probate assets and the nature and value of the decedent’s total valid debts. This account shows the decedent’s debt and income earned after death. It also contains payments made and the balance left to beneficiaries (as stipulated in the Will) or legal heirs.

The court can decide the guardianship of minor beneficiaries. In instances where the minor has shares in a decedent estate, the Orphan’s Court can decide who to be the trustee of the minor’s asset. Typically, the trustee protects the assets until the minor turns 18 years old. Once the Orphans’ Court appoints a guardian, such a guardian is automatically under the court’s supervision. In cases where the assets inherited by the minor is $10,000 or more, the guardian must file a yearly report with the Orphans’ Court.

Except for Harford and Montgomery Counties, each Orphan Court in Maryland has three Judges. The Circuit Court judges sit as Orphan’s Court judges in the excluded counties. In Baltimore County and Prince George County, each of the judges can singly preside over a case. Whereas, in the other counties, the three judges must sit together to hear a case.

The Orphans’ Court judges are elected as described under Article IV § 40 of the Maryland Constitution. An Orphan Court judge is to serve for four years, after which judges run for re-election. The eligibility criteria include; being a citizen of Maryland and being a resident of the jurisdiction for at least twelve months before the election.

For Baltimore and Prince George’s County, the judges must have been attorneys in the County and have credibility at the Maryland Bar. When the orphan’s court judge’s office is vacated before the end of a term, the governor has the right to appoint a judge. However, this appointment is subject to the approval of the Senate.

Usually, the personal representative should wrap up all estate affairs of the decedent in nine months, or at most, eighteen months, especially if there is no litigation involved. The time taken to conclude the probate procedure depends on factors such as:

● The location of the property

● The value of the asset/estate

● The availability of a valid will

● The dispute over the estate, etc

Often, several issues arise in the course of the process, which eventually prolongs the case. Probate hearings typically require less time and are less complicated when a valid will has been produced by the deceased.

The case records of the Orphans’ Court can easily be located at the office of the Register of Wills of the County’s Orphans’ Court. Interested persons can also search online at the Maryland Judiciary Case Search to locate case files. Details such as case number, case type, names of parties involved, and the court’s location will be required to look up a case file from the state repository. Below are the addresses and contact details of Maryland Orphan’s Courts:

Orphans’ Court of Allegany County

James S. Getty Courthouse Annex

59 Prospect Square

Cumberland, MD 21502

Phone: (301) 724–3760

Orphans’ Court of Anne Arundel County

8 Church Circle

Suite 403

Annapolis, MD 214017

Phone: (410) 222–1418

Orphans’ Court of Baltimore County

401 Bosley Avenue

Room 500

Towson, MD 21204

Phone: (410) 296–5480

Orphans’ Court of Baltimore City

Courthouse East

111 North Calvert Street

Baltimore, MD 21202

Phone: (410) 396–5034

Orphans’ Court of Calvert County

175 Main Street

Prince Frederick, MD 20678

Phone: (410) 535–1600 x2256

Orphans’ Court of Caroline County

109 Market Street

Room 119

Denton, MD 21629

Phone: (410) 479–0717

Orphans’ Court of Carroll County

Courthouse Annex Room 124

55 North Court Street

Westminster, MD 21157

Phone: (410) 386–2086

Orphans’ Court of Cecil County

129 East Main Street

Room 101

Elkton, MD 21922

Phone: (410) 996–5330

Fax: (410) 996–1039

Orphans’ Court of Charles County

11 Washington Avenue

LaPlata MD 20646

Phone: (301) 932–3345

Orphans’ Court of Dorchester County

206 High Street

Cambridge, MD 21613

Phone: (410) 228–4181

Orphans’ Court of Frederick County

100 West Patrick Street

Frederick, MD 21701

Phone: (301) 600–6565

Orphans’ Court of Garrett County

313 East Alder Street

Room 103

Oakland, MD 21550

Phone: (301) 334–1999

Orphans’ Court of Harford County

Mutual Fire Insurance Building

18 Office Street

1st Floor Bel Air, MD 21014

Phone: (410) 638–3275

Orphans’ Court of Howard County

8360 Court Avenue

Ellicott City, MD 21043

Phone: (410) 313–2133

Orphans’ Court of Kent County

103 North Cross Street

Chestertown, MD 21620

Phone: (410) 778–7466

Orphans’ Court of Montgomery County

50 Maryland Avenue

North Tower 3220

Rockville, MD 20850

Phone: (240) 777–9600

Orphans’ Court of Prince George’s County

14735 Main Street

Room D4001

Upper Marlboro, MD 20772

Phone: (301) 952–3250

Orphans’ Court of Queen Anne’s County

107 North Liberty Street

Suite 220

Centreville, MD 21617

Phone: (410) 758–0585

Orphans’ Court of St. Mary’s County

41605 Courthouse Drive

Leonardtown, MD 20650

Phone: (301) 475–5566

Orphans’ Court of Somerset County

30512 Prince William Street

Princess Anne, MD 21853

Phone: (410) 651–1696

Orphans’ Court of Talbot County

11 North Washington Street

Easton, MD 21601

Phone: (410) 770–6700

Orphans’ Court of Washington County

24 Summit Avenue

Room 213

Hagerstown, MD 21740

Phone: (301) 739–3612

Orphans’ Court of Wicomico County

101 North Division Street

Room 102

Salisbury, MD 21801

Phone: (410) 543–6635

Orphans’ Court of Worcester County

One West Market Street

Room 102

Snow Hill, MD 21863

Phone: (410) 632–1529