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