Baltimore County Probate Records

Baltimore County probate records are officially described as records that show how a decedent's executors or administrators settled (or intend to settle) their estate. According to the Maryland State Archives, these documents pertain to the distribution of an individual's assets or estates upon their death. Probate records include less well-known documents like renunciations, petitions, and indentures, as well as more significant ones like wills, inventories, and accounts.

In Baltimore County, Maryland, probate records are considered part of Baltimore County court records per state law and are maintained at a special court within each county's legal system. This court is called a probate court. The probate process is especially suitable for people who own a substantial amount of property or money. Probate records are also helpful for genealogy research and historical research.

Are Probate Records Public?

Baltimore County probate court records are regarded as public records per the Maryland Public Records Act. Consequently, most probate court records are available to interested members of the public who need them; interested persons may visit the county probate court to obtain, inspect, and make copies of Baltimore County probate records. However, the following types of probate records are exempt from public disclosure:

• Administrative probate records
• Last Wills and Testaments kept private by living individuals are not publicly accessible.

The only persons who may read or delete the Will from the probate court's safekeeping records are the testator (the person who filed the Will) or someone who they have given written permission to. If a person passes away with a valid will and their family needs to form an estate to manage probate assets, their last Will becomes accessible to the public.

What is Probate Court in Baltimore County?

The Orphans Court in Baltimore County is the county's probate court. Its primary responsibility is to oversee the administration of deceased individuals' estates, whether or not they have a will, and who own property in their sole name. The court has jurisdiction over probate matters such as the guardianship of minors' property, the power to control the behavior of personal representatives, and the ability to designate guardians for kids. The orphan's court has different departments that handle specific legal matters, including the Register of Wills Office, the Guardianship Department, and the conservatorship department. The physical location of the Baltimore County Probate Court is as follows:

Baltimore County Orphans' Court
401 Bosley Avenue,
Suite 501
Towson, Maryland 21204

Probate Court Case Lookup

Interested members of the public may perform a probate court case lookup by visiting the Register of Wills office in person and submitting a request to the office clerk to view the department's records and filings. To request probate records, requesters are advised to call the records division at (410) 887-6688 ahead of the visit.

A probate court case lookup can also be done online through the Baltimore County Register of wills records portal. Searches can be done on the portal by supplying the following information:

• Estate registration number.
• Case number.
• Name of the parties involved in the probate case (decedent or personal representative).
• Last Name.
• County Estate Status.
• Date the records were filed.
• Type of Estate.

How to Find Probate Records Online Free

Individuals can find probate records online for free from the records division of the Baltimore County Probate Court. To obtain these records for free, individuals must complete a fee waiver form and submit it along with a formal request online through the register of wills portal. The court officials decide whether to waive the records request charge. Public viewing terminals are also available within the Baltimore Register of Wills offices, allowing anyone in the public to see any document or photograph in any estate file for free. The cost of printing from these stations is $0.50 per page.

Individuals can also look for a probate case through third-party aggregator websites that offer these services. These websites are privately owned databases that give access to probate records and other types of public records. Members of the public can also find probate records in public library databases and collections. At the same time, some of these third-party sites eliminate fees for viewing or obtaining a probate record through official or external providers; most third-party sites require retrieving a record from an archive, which may incur fees.

How Long Does Probate Take in Maryland

A probate process in Maryland typically takes 6 months to 2 years, though the exact time frame can vary based on the particulars of each case. However, knowing the general steps and potential factors influencing the duration can help people better prepare and manage their expectations. The following factors can affect the duration of the probate process in Maryland:

• Estate Size and Complexity: Managing larger estates or ones with intricate asset arrangements may require more time.
• Disputes or Contested Issues: The probate procedure may be considerably extended by disputes amongst beneficiaries, objections to the Will's legality, or contested claims.
• Creditor Claims: The probate period may be prolonged if substantial creditor claims against the estate must be settled.
• Efficiency of the Personal Representative: The probate timeframe may be impacted by the personal representative's promptness and efficacy in handling the estate.

Are Wills Public Record?

No, in general, Wills are not public records in Baltimore County. Only the testator (the person who filed the Will) or a person given written permission by the testator may view or access the Will from the probate court's safekeeping records. A Will only becomes public record when the testator passes away with a valid will, and the family must open an estate to manage probate assets, or when they pass away with a valid will and no probate assets, but their Will is filed with the Register of Wills as a "Will of No Estate".

How to Find Out If Someone Has a Will

Interested persons can check the Register of Wills in Baltimore County, where they reside, to find out if a deceased person has a will held for safekeeping. If the testator to the Will is still alive, only the designated persons and their legal representatives can access these wills. The deceased person may have the original in his home or on file with a lawyer, or he could have it in a safe deposit box. Only those jointly named on the safe deposit box or whoever can request an order from the Register of Wills/Orphans Court after the funeral can enter the box.

Baltimore County Family Court Case Search

Baltimore County family court case searches can be conducted in a family law courthouse, on the Maryland Judiciary Case Search site, or on the Baltimore Circuit Court's Family Law Case Access portal. In any situation, the person seeking the record must have some information to help retrieve the document, typically a case number or the litigant's name. They will also have to pay the assessed fees to obtain copies of the documents.