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Prince George County Probate Records
Prince George's County probate records are the official documents generated during the court-supervised process of administering a deceased person's estate. These records, along with other Prince George County court records, prove and enforce the decedent's will (if one exists) and ensure assets are distributed lawfully. Probate records typically include:
- The petition for probate (application to open the estate)
- The decedent's Last Will and Testament (once submitted to the court)
- Letters Testamentary or Letters of Administration (court authorizations for the personal representative/executor)
- Estate inventories (lists of the decedent's assets and their values)
- Accounting documents (interim and final accounts showing payments of debts, taxes, and distribution to beneficiaries)
All documents filed by the personal representative or issued by the Orphans' Court during estate administration become part of the probate record. The purpose of these records is to detail every step of estate administration – from validating the will to paying creditors and finally distributing assets to heirs or legatees – providing a transparent, court-approved trail of how the decedent's affairs are settled.
Probate in Maryland is generally governed by state law, but there are a few local structural differences between counties. Prince George's County has a traditional Orphans' Court with three elected judges who oversee estate cases. Notably, Maryland's Constitution requires Orphans' Court judges in Prince George's County (as well as Baltimore City and County) to be licensed attorneys.
In Montgomery County, however, there is no separate Orphans' Court; instead, any probate matters are handled by the county's Circuit Court judges, who act as Orphans' Court judgesmdcourts.gov. This means that in Montgomery County, estate cases are heard by a Circuit Court judge, whereas in Prince George's County, they are heard by dedicated Orphans' Court judges.
Despite this difference in who presides, the probate procedures and forms are largely the same across Maryland since the process is defined by state law. Both counties use the Register of Wills as the office that facilitates probate filings. One practical difference is in scheduling or administration: for example, Montgomery County (with its Circuit Court handling probate) may integrate probate scheduling with its general court docket, while Prince George's Orphans' Court has its schedule for estate hearings. However, such procedural nuances do not change the rights of heirs or the steps required – they simply reflect local court management.
Are Probate Records Public?
Yes. In terms of public record access, Maryland has laws and rules emphasizing government transparency. The Maryland Public Information Act (PIA) (General Provisions Article, § 4-101 et seq.) and the Maryland Rules on court records (Title 16, Chapter 900) provide that, generally, court records are open to the public. Prince George County probate records fall under court records, so aside from specific exceptions (like sealed documents or cases), the default rule is that estate filings are accessible to the public. Maryland Rules 16-901 et seq. govern access to judicial records, which include probate case files, and outline any categories of information that must be redacted or withheld (for instance, sensitive personal identifiers).
What is Probate Court in Prince George County?
For probate matters in Prince George's County, the primary offices to contact are the Prince George Register of Wills and the Prince George Orphans' Court, both of which are located in the county courthouse in Upper Marlboro:
Register of Wills – Prince George's County
14735 Main Street,
Room D4001,
P.O. Box 1729,
Upper Marlboro, MD 20773
Phone: (301) 952-3250
Fax: (301) 952-4489
Orphans' Court – Prince George's County
Address: (Same courthouse as above, Room D4001)
14735 Main Street,
Upper Marlboro, MD 20773
Phone: (301) 952-3790 (Orphans' Court Clerk)
Fax: (301) 952-4489
Both the Register of Wills and Orphans' Court are located in the Prince George's County Courthouse in downtown Upper Marlboro. The Register of Wills' office handles filings (wills, petitions, accounts) and administrative questions. In contrast, the Orphans' Court (often through hearings or orders) handles matters requiring judicial decisions (such as approving accounts or resolving disputes). For general inquiries, the Register of Wills' staff can guide on forms and procedures (though they cannot give legal advice).
Probate Court Case Lookup
Prince George's County probate records can be accessed through several online tools:
Maryland Register of Wills – Estate Search
The Maryland Register of Wills provides a statewide Estate Search portal that includes Prince George's County estate cases. This online tool allows inquirers to search for a decedent's estate by name, estate number, or county. It provides basic case information such as the decedent's name, date of death, case number, type of estate (small or regular), the personal representative's name, attorney of record, county of filing, and the estate's status (open/closed). This is a convenient first step to see if an estate has been opened in Prince George's County and to obtain key details. Note: The Estate Search is for information – it may list filings and dates, but to see actual documents (like a copy of a will or inventory), query the Register of Wills office.
Maryland Judiciary Case Search
For other court cases in Prince George's County (such as civil, criminal, or family law cases in the Circuit or District Court), the Maryland Judiciary Case Search is the primary public portal. This system is sometimes relevant because certain family-related probate matters (like guardianships of minors or contested estate issues) might appear in the court system. Case Search is a statewide database that allows searching by party name, case number, and court jurisdiction. However, estate cases (handled by the Orphans' Court/Register of Wills) are not listed on the general Case Search; they are instead found on the dedicated Estate Search. So, use Case Search for related matters (for example, if there was a will contest that got appealed to Circuit Court or a guardianship case in family court), and use the Estate Search for probate filings.
Prince George's County Register of Wills Website
While not a case lookup tool per se, this site is a gateway to many resources one might need during the probate process (including instructions for opening estates and guidance on small vs. regular estates).
How to Find Probate Records Online Free
There are multiple online resources for finding Prince George's County probate records at no cost. Although each platform provides different levels of detail, they are effective starting points for locating a case, verifying estate information, or confirming the existence of probate proceedings. Here are the primary, free online tools to consider:
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Maryland Register of Wills – Estate Search
The Maryland Register of Wills website provides a statewide estate search portal covering Prince George's County probate matters. After selecting "Estate Search," it is possible to enter the decedent's name, estate number, or county to view basic details such as the date the estate was opened, the personal representative's name, and whether the estate is active or closed. While the Estate Search portal will not necessarily show the entire will or itemized filings, it provides case numbers and an overview of the probate status. If more detailed records are needed, those may be requested from the Prince George's County Register of Wills in person or by mail for a nominal copying fee.
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Maryland Judiciary Case Search
The Maryland Judiciary Case Search is a free, publicly accessible database for cases filed in Maryland courts. However, it generally covers civil, criminal, and family law cases in the Circuit and District Courts, not Orphans' Court probate filings. Thus, the Maryland Judiciary Case Search may not reveal a standard probate estate in Prince George's County. Nonetheless, if there are associated or ancillary proceedings—such as guardianship cases or will contests that have migrated to Circuit Court—some probate-related matters might appear. Searching by party name or case number may yield relevant information.
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Third-Party Databases
Some third-party websites and public records databases offer free preliminary searches for probate or court records. These websites typically aggregate public information from multiple jurisdictions, including Prince George's County. Although they often provide only partial records without charges, they can be useful for confirming basic estate data.
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Official Website of the Prince George's County Register of Wills
The local Register of Wills website offers forms, instructions, and additional guidance for opening or tracking an estate. Links on this site direct users to the statewide Estate Search, fee schedules, and contact information for the Orphans' Court. This website does not have a stand-alone "lookup" portal specifically for Prince George's County alone but serves as an entry point to the Maryland Register of Wills search and other official state resources.
While these online resources provide free access to case status and summary information, they do not necessarily display the full contents of probate records. Those who need certified copies of a will or other documents must request them from the Prince George's County Register of Wills office, where standard copy fees may apply. Additionally, if a will was filed for safekeeping while the testator was living, it will not appear in any public-facing database until the individual passes away and the will is admitted to probate.
How Long Does Probate Take in Maryland?
The timeline for probate in Maryland can vary depending on the size and complexity of the estate, but there are general deadlines and milestones set by law. Below is an overview of the typical timeline and steps in the probate process, with Maryland requirements that apply in Prince George's County:
- Opening the Estate: There is no strict deadline to open an estate in Maryland, but it should be done as soon as practical. Once the decedent's death is known, any person holding the will must file it promptly (even if they're not ready to open the estate fully). The first formal step is filing a Petition for Probate with the Register of Wills, along with the death certificate, the original will (if one exists), and other required documents. When the petition is accepted, the Orphans' Court will officially appoint a Personal Representative (executor) for the estate (usually the person named in the will or an heir if no will) and issue Letters of Administration giving them authority.
- Notification and Creditor Period: After appointment, the Register of Wills issues a Notice of Appointment, Notice to Creditors, and Notice to Unknown Heirs, which must be published in a local newspaper. Creditors of the estate have up to 6 months from the date of the decedent's death to file claims (this is a statewide statute of limitations for creditor claims). Alternatively, if a creditor was directly notified, they have 2 months from the notice to submit a claim. This six-month period often dictates that an estate cannot be closed before six months have passed.
- Inventory and Information Report: For a regular estate, the personal representative is required to file a full Inventory of Assets (listing all probate assets with date-of-death values) within 3 months of their appointment. At the same time, an Information Report is filed, which lists non-probate assets (like jointly held property or assets with beneficiary designations) for informational purposes. In a small estate (under $50,000, or $100,000 if the spouse is sole heir), the process is faster, and often the inventory is essentially filed with the petition (listing assets and their values upfront).
- Administration Accountings: For a regular estate, a First Account must be filed within 9 months of appointment (it can be filed earlier, but 9 months is the deadline). This first accounting shows all transactions up to that point (assets collected, any payments made, etc.). Subsequent accounts are due each six months thereafter as long as the estate remains open. In many cases, only one or two accounts are needed before final distribution. Maryland law also provides an option called Modified Administration for certain estates, which streamlines the process so that a final report is filed within 12 months and the estate can close faster (this applies if all beneficiaries are close relatives or the estate meets other criteria).
- Closing the Estate: After the creditor claim period has passed and at least one accounting has been approved, the personal representative can prepare to close the estate. This involves paying all approved claims and expenses and then distributing the remaining assets to the heirs or legatees. A Final Account (or a final report in modified administration) is submitted showing the proposed distributions. There is no fixed statutory deadline for closing because the time can depend on circumstances (for example, an estate might remain open to sell a house or resolve a lawsuit). However, most estates in Maryland are wrapped up roughly within 9 to 18 months of the decedent's death, assuming no significant complications. Prince George's County estates follow this same general timeline. Simpler estates (especially small estates) may close in just a few months, whereas complex estates (or any with litigation, such as a will contest) could take longer than 18 months.
In Prince George's County, the Register of Wills will help track these deadlines by sending reminder notices for overdue inventories or accounts. The Orphans' Court judges must approve the accounts and will only allow the estate to close when everything is properly accounted for and distributed. If all goes smoothly, heirs/beneficiaries might receive their inheritances within a year or so of the death. If there are delays (tax filings, property sales, etc.), the estate can remain open longer, with status reports (accounts) filed every six months.
Are Wills Public Record?
In Maryland, a will is not public while the testator (the person who made the will) is alive, but it becomes a public record once it's filed for probate after the person's death. Before death, a will is a private document; even if someone pre-filed their will with the Register of Wills for safekeeping, it stays sealed and confidential until the individual dies.
After the person dies, the will must be delivered to the Register of Wills in the county where the person resided (Maryland law requires that any person holding an original will files it promptly upon learning of the testator's death). Once the Register of Wills receives the will and an estate is opened (or even if no estate is opened, the will is lodged with the court), that will become part of the public probate file.
How to Find Out If Someone Has a Will
To find out if someone who has died had a will on file:
- Contact the Register of Wills in the decedent's county of residence (Prince George's County, if the person lived there). The Register's office can search their records to see if an estate has been opened for the person or if a will was filed. If a will was deposited for safekeeping before death, the office will have it but will only open it once they have proof of the person's death. Usually, if the inquirer provides the person's name and date of death, the Clerk can tell them if a will has been received or an estate case exists.
- Use the Maryland Estate Search online. As mentioned earlier, the Estate Search portal allows users to search by name. If an estate is opened (with or without a will), the person's name will appear. The entry will indicate if it's a "Regular Estate" or "Small Estate," and often the presence of a will is indicated by the estate type (for example, if a will is filed, the estate is administered testate, and the personal representative is often an executor named in the will). While the online search won't show the will itself, it confirms if probate is underway. If the search doesn't show an estate, it could mean no one has opened one yet – not necessarily that no will exists.
- Check neighboring counties or state archives if needed. If the person owned property elsewhere or had some connection to another county, it's possible (though not typical) that the will might be filed there. Usually, it's filed where they lived. The Maryland Register of Wills system covers all counties, so a search for the statewide name can be done in that system (the Estate Search interface lets users choose "All Counties"). The Maryland State Archives also maintains older probate records; for recent deaths, it sticks with the Register of Wills.
If the person is still alive and there is a question about whether they have a will, that is a private matter – there is no public database of existing wills for living individuals. Interested persons may ask the person or their attorney.
Prince George County Family Court Case Search
The main resource is the Maryland Judiciary Case Search portal when looking for familycourtcases in Prince George's County (such as divorce, custody, child support, guardianship of minors, etc.). This is the same online system mentioned earlier for general case lookup, and it includes family law cases in the Circuit Court for Prince George's County. By selecting Prince George's County and searching a party's name, inquirers can find records of family cases (e.g., Doe vs. Doe for divorce or In re: Minor Child for a custody or guardianship matter).
Case Search is the primary way the public searches for Maryland court case information, providing a summary of filings and docket entries for each case. It's a useful tool to see if, for example, there was a guardianship proceeding for an incapacitated adult or a minor child in the family court or if an estate matter led to related litigation in the civil/family court (like a trust dispute or will contest that got transferred).
It's important to note some privacy rules for family cases: certain case types are restricted from public view. Adoption cases, guardianships that terminate parental rights, and juvenile matters are confidential by law and will not show up in a public search. They are either sealed or listed in Case Search with very limited information (often just a case number with "sealed case"). On the other hand, standard family cases (divorce, custody, child visitation, marriage dissolutions, etc.) are generally open to the public and will appear in the search results. The Case Search website itself lists categories of cases that are not open to the public, which aligns with Maryland Court rules on confidentiality. If a family case is open to the public, anyone can view the docket online and request the case file at the courthouse.
