Montgomery County Probate Records

Montgomery County Probate records are legal documents that record the decisions made by a court concerning a deceased person’s estate. They include information on the distribution of assets to heirs, the resolution of debt with creditors, and the guardianship of dependents.  Like other Montgomery county court records, probate records are important and may be sought for the following reasons:

• To validate or challenge a will
• To identify a deceased person’s assets and debts for adequate dispute resolution
• To ensure the state adequately taxes the deceased person’s estates
• For ancestral research (insight into family relationships, property holdings, etc).

Examples of probate documents include wills, inventories, petitions, administrations, and guardianships. The Montgomery County Register of Wills Office handles will execution, registration, and all other probate matters in the county.

Are Probate Records Public?

Yes, probate records are classified as public records, so they are accessible to the public except specifically restricted by law. The Maryland Public Information Act gives the public broad access to all public records filed by government agencies including probate records which are created and maintained by a public office. Maryland Rules of Procedure Title 16, Chapter 900 governs access to judicial records and may deny requests to inspect certain categories of case records including those involving children.

Although all filed probate records are considered public records, wills filed by living persons are exempted from unauthorized public disclosure. Only the individual who files the will (testator) or a person with written authorization can access the will.

What is Probate Court in Montgomery County?

Probate courts (also called Orphan’s Court in Maryland) are courts that supervise the administration of a deceased person’s estate. They have jurisdiction to manage the assets of decedents who filed a last will and testament and also have the power to appoint an administrator for individuals who die intestate (without a will). The Montgomery County Register of Wills office oversees all probate matters in the county and accepts visitors to the courthouse on an appointment basis only. Their contact information for record requests or general inquiries on probate cases is as follows:

The Montgomery County Register of Wills ( Montgomery County Orphan’s Court)
50 Maryland Avenue
North Tower 3220
Rockville, Maryland 20850
Email: montgomerycountyrow@registers.maryland.gov
Phone: (240) 777-9600 (main), (888) 892-2180 (toll-free)
Fax: (240) 777-9602

Probate Court Case Lookup

As probate court records are public records, they can be looked up in person, by phone, by email, or online. The Montgomery County Register of Wills Office creates and maintains probate records, individuals can contact their records department to conduct a probate court case lookup (strictly live online chat or by telephone). The Montgomery County Circuit Court Trust Clerk's Office also manages some probate records including guardianships and conservatorships and can be contacted at the county courthouse for a probate court case lookup.

The Maryland Register of Wills Office maintains an Estate Search tool and a Claims Search tool for individuals to locate state-wide probate records online. Information needed to facilitate a search includes the estate numbers, first, middle, and last names of parties in the case, and filing date. Another state-wide tool for conducting a probate record search is the Maryland Judiciary Case Search as probate records are still court records. Some third-party websites that provide access to public records may also allow individuals to conduct a probate court case lookup through their databases.

How to Find Probate Records Online Free

It is possible to find probate records online at no cost in Montgomery County and other counties in Maryland. The resources for finding free probate records include the following:

• Maryland Judiciary Case Search: Individuals can find Maryland court records including probate records for free using the case number or party names as search keywords.
• Estate Search: This tool provides access to estate records maintained by the Maryland Register of Wills Office for free. It gives access to records from 1998 to the present from all counties in Maryland including Montgomery County.
• Claims Search: This tool allows the public to search for claims filed in Maryland for free.
• Third-party Websites: Some third-party websites offer a user-friendly interface for individuals to look up public records like probate records for free.

Although these options allow individuals to search for probate records online, they only give access to basic information about the probate record. For a more detailed or certified copy of a probate record, individuals are advised to contact the Montgomery County Register of Wills who is the record custodian of probate records in the county. Probate fees may apply for obtaining certified records.

How Long Does Probate Take in Maryland

There is no fixed amount of time within which a probate process must be concluded according to Maryland law. The probate process in Maryland can take between 12 to 18 months in Maryland depending on several factors. These typically include:

• The will executor/ trustee chosen
• If the decedent died intestate (without a will)
• The complexity of the decedent’s assets
• The amount of debt or claims against the estate
• Inheritance dispute
• The will executor's inability to contact the estate’s beneficiaries.

Are Wills Public Record?

It depends. Wills filed with the register of will’s office become public records after death while wills submitted for safekeeping remain private while the filer is still alive. Wills are not public records in Maryland during the lifetime of the testator. When an estate owner dies, their will goes through a probate process and afterward, it becomes accessible to the public. A will may however remain sealed if the validity of the will is being contested.

How to Find Out If Someone Has a Will

To find out if a person has a will in Montgomery County, interested individuals can use one of the following sources:

• Register of Wills: To find out if a will has been filed, individuals can contact the Montgomery Register of Wills (local) or the Maryland Register of Wills (statewide) by phone, online, or in-person to see if they submitted a will for safekeeping.
• Will executor or attorney: If family members or friends know the attorney the decedent authorized to execute their will, they can contact them to know where to locate the will. The attorney who filed the will or drew it up may have kept a copy of it.

Montgomery County Family Court Case Search

As family court cases constitute court records, the Maryland Judiciary Case Search website can be used to conduct a family court case search. Individuals can perform a case number search, party search, or advanced search on this website using key criteria like case number, party names, case type, and filing date. Although these cases are classified as public records, some records including juvenile records, confidential records, and records have been legally restricted by the court.