Petition for Probate of Will and for Letters Testamentary (Maryland)

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

Maryland uses statewide Register of Wills forms. The standard initiating document for a
regular estate is the Petition for Administration (Form RW1112), with Schedule A
attached. By statute, the petition must be "in substantially the [] form" set out in
Md. Code, Estates and Trusts § 5-206. This template supplies the substantive legal
content to help you prepare — you must transfer your content onto the official form before
filing. The current form is available from the Maryland Register of Wills at
https://registers.maryland.gov/main/forms.html (RW1112).
Do not file this document directly with the Register of Wills.

PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY

IN THE ORPHANS' COURT FOR (OR) BEFORE THE REGISTER OF WILLS FOR [COUNTY] COUNTY / BALTIMORE CITY, MARYLAND

TABLE OF CONTENTS

1. Caption and Estate Information
2. Petitioner Information
3. Decedent Information
4. Basis for Jurisdiction and Venue
5. The Will Offered for Probate
6. Devisees, Legatees, and Beneficiaries
7. Heirs at Law Entitled to Notice
8. Nomination and Priority of Personal Representative
9. Bond
10. Estimated Value of Estate (Schedule A)
11. Prayer for Relief
12. Verification
13. Notice to Interested Persons / Certificate of Service
14. Attachments Checklist

1. CAPTION AND ESTATE INFORMATION

IN THE ESTATE OF:

[DECEDENT FULL LEGAL NAME], also known as [AKA, if any], Deceased.

Estate No.: [____________________________________]

☐ Regular Estate — Petition for Administration, estate value in excess of $50,000 (or $100,000 where the surviving spouse is the sole heir/legatee). Complete and attach Schedule A.
☐ Judicial Probate requested (Md. Code, Est. & Trusts § 5-301 et seq.)

2. PETITIONER INFORMATION

Name: [PETITIONER FULL LEGAL NAME]
Address: [STREET ADDRESS], [CITY], Maryland [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Capacity: Personal Representative (Executor) nominated in the Decedent's Last Will and Testament
Relationship to Decedent: [RELATIONSHIP]

Petitioner states: I am (a) at least 18 years of age and either a citizen of the United States or a permanent resident alien spouse of the Decedent, or (b) a trust company or other corporation authorized by law to act as a personal representative.

3. DECEDENT INFORMATION

4. BASIS FOR JURISDICTION AND VENUE

a. The Decedent was domiciled in [COUNTY] County / Baltimore City, Maryland at the time of death, and this is the proper office in which to file this Petition.

b. ☐ If the Decedent was not domiciled in this county at the time of death, this is the proper office because: [________________________________________________].

c. The Decedent died on [__/__/____], leaving a valid Last Will and Testament; the Decedent therefore died testate.

d. The Will (and codicil(s), if any) has been filed with the Register of Wills for the county of the Decedent's domicile as required by Md. Code, Est. & Trusts § 4-202. A will has no legal effect until admitted to probate.

e. ☐ No other proceedings regarding the Decedent or the estate are pending, except as follows: [________________________________________________].

5. THE WILL OFFERED FOR PROBATE

a. Petitioner offers for probate the Decedent's Last Will and Testament dated [__/__/____], together with the following codicil(s): [LIST CODICIL DATES, OR "NONE"].

b. The original Will (and codicil(s)) accompanies this Petition / is in the custody of the Register of Wills.

c. The Will came into Petitioner's hands in the following manner: [________________________________________________].

d. Proof of Will (Md. Code, Est. & Trusts § 4-102): A will may be proved by the testimony or affidavit of at least one of the attesting witnesses, or by other competent proof permitted by law.

e. Self-Proving Status:
☐ The Will is self-proved by the affidavits of the Testator and the attesting witnesses, executed before an officer authorized to administer oaths, and may be admitted to probate without further testimony of the witnesses.
☐ The Will is not self-proved; proof of due execution by an attesting witness is attached / will be supplied.

f. Attesting Witnesses:

g. To the best of Petitioner's knowledge, information, and belief, after diligent search the Will offered is the Decedent's last will, and Petitioner is unaware of any later will or any instrument revoking it.

6. DEVISEES, LEGATEES, AND BENEFICIARIES

The persons named in or taking under the Will (Md. Code, Est. & Trusts § 1-101 — "interested persons"):

7. HEIRS AT LAW ENTITLED TO NOTICE

The heirs at law (persons who would take by intestate succession under Md. Code, Est. & Trusts § 3-101 et seq. had there been no Will), who are interested persons entitled to notice:

8. NOMINATION AND PRIORITY OF PERSONAL REPRESENTATIVE

a. Petitioner is entitled to priority of appointment as personal representative pursuant to Md. Code, Est. & Trusts § 5-104 because: ☐ Petitioner is the personal representative named in the Will; ☐ Petitioner is a residuary legatee; ☐ Other: [____________].

b. Under § 5-104, priority for appointment is, in general: (1) the personal representative named in the will; (2) the surviving spouse and children who are legatees; (3) the residuary legatees; (4) other legatees; and thereafter the persons specified by statute.

c. Petitioner is not excluded from serving by Md. Code, Est. & Trusts § 5-105(c) (not a minor; not under a mental disability adjudicated by a court; not a convict of a serious crime barring service; not otherwise disqualified).

d. If appointed, Petitioner accepts the duties of personal representative and consents to personal jurisdiction in any action brought in Maryland against Petitioner as personal representative or arising out of the duties of that office.

9. BOND

Pursuant to Md. Code, Est. & Trusts § 6-102:

☐ The Will directs / excuses bond. Petitioner requests that bond be set in the reduced amount required to cover the value of property at risk, or waived to the extent permitted by law and the Will.
☐ Petitioner will furnish bond with corporate surety in an amount fixed by the Register / Court.
☐ Bond is required notwithstanding any waiver, to the extent of the value of property subject to direct collection or to protect creditors as the Register or Orphans' Court may determine.

Proposed bond amount: $[________________]

10. ESTIMATED VALUE OF ESTATE (SCHEDULE A — REGULAR ESTATE)

11. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that the Register of Wills / Orphans' Court:

a. Admit the Will (and codicil(s)) of the Decedent dated [__/__/____] to ☐ administrative probate ☐ judicial probate;

b. Find that the Will was duly executed and is the valid Last Will and Testament of the Decedent;

c. Appoint Petitioner as Personal Representative of the Decedent's estate;

d. Issue Letters of Administration / Letters Testamentary to Petitioner authorizing administration of the estate;

e. Fix bond in an appropriate amount, or reduce/waive bond to the extent permitted by the Will and Md. Code, Est. & Trusts § 6-102;

f. Grant such other and further relief as may be appropriate.

12. VERIFICATION

I solemnly affirm under the penalties of perjury that the contents of the foregoing Petition are true to the best of my knowledge, information, and belief.

Executed on [__/__/____].

Petitioner Signature: ______________________________________
Printed Name: [PETITIONER FULL LEGAL NAME]

Attorney Signature (if any): ______________________________________
Printed Name: [ATTORNEY NAME]
Maryland Attorney No.: [________________]
Address: [________________________________]
Telephone: [________________________________]

13. NOTICE TO INTERESTED PERSONS / CERTIFICATE OF SERVICE

Notice (Md. Code, Est. & Trusts § 7-104): Promptly after appointment, the personal representative shall give written notice of the appointment to the heirs and legatees (and other interested persons), informing them that they may obtain a copy of the Will and may object. Notice of administrative probate must also be given as required by § 5-203, and notice to creditors must be published in a newspaper of general circulation once a week for three successive weeks (§ 7-103).

☐ Notice of appointment mailed to all interested persons (§ 7-104).
☐ Notice published in [NEWSPAPER NAME], a newspaper of general circulation in [COUNTY] County, once each week for three successive weeks (§ 7-103).

Signature: ______________________________________
Printed Name: [PETITIONER / ATTORNEY NAME]

14. ATTACHMENTS CHECKLIST

☐ Register of Wills Form RW1112 (Regular Estate — Petition for Administration) with Schedule A
☐ Original Last Will and Testament (and original codicil(s))
☐ Certified copy of Death Certificate
☐ Self-Proving Affidavit (if any) / proof of execution by attesting witness
☐ List of Interested Persons (Form RW1104)
☐ Notice of Appointment / Notice to Creditors for publication (Form RW1118)
☐ Bond of Personal Representative (Form RW1115), if required (§ 6-102)
☐ Schedule A — estimated value of estate
☐ Proposed Order admitting Will to probate
☐ Proposed Letters of Administration / Letters Testamentary
☐ Filing fee (per the Register's fee schedule)

SOURCES AND REFERENCES

• Md. Code, Estates and Trusts § 5-206 (form of petition for probate): https://govt.westlaw.com/mdc/
• Md. Code, Estates and Trusts §§ 5-104, 5-105 (priority; disqualification)
• Md. Code, Estates and Trusts §§ 4-102, 4-202 (proof and filing of will)
• Md. Code, Estates and Trusts § 6-102 (bond); §§ 7-103, 7-104 (notice)
• Maryland Register of Wills forms: https://registers.maryland.gov/main/forms.html
• Maryland People's Law Library — Estate Administration: https://www.peoples-law.org/estate-administration-overview