Maryland’s Registers of Wills?What Do They Do?

In most of the United States, probate divisions of county courts handle wills and estates. In Maryland, however, many responsibilities related to the probating of estates fall to the “Register of Wills.”

Register of Wills is a state office, but each Maryland county has one, and county residents vote for their Register of Wills every four years, often with little understanding of the position’s responsibilities.

More than simply registering will, the Register of Wills handles the administration of all aspects of probate. They do not give legal advice, but they help people with the handling of the estate of someone who is deceased, and they also serve as clerks of the orphans’ court in their jurisdiction.

Also, as a courtesy, they sometimes hold wills for people who are currently alive. These are kept sealed until the testator’s death. The register retains the original will permanently.

Most Registers of Wills are career civil servants and are reelected without much opposition. They often hold the position for many years. Though officeholders do have a political party affiliation, the position is relatively apolitical and politics rarely plays a role in elections. It is unusual for an incumbent Register of Wills to be unseated.

Every year, the Registers of Wills meet for two days in Ocean City for the Register of Wills Association Conference. There, they attend workshops on nuances involved in the handling of probate matters. They strive to achieve uniformity in the interpretation of Maryland trust and estates laws across all counties.

The Registers’ salaries are based on the size of the county they oversee and are paid for using revenue from fees and inheritance taxes. They all recently received an increase of 16%. Salaries can range from $100,086 in a smaller county to $114,500 in a large county. According to State Senator Brian Frosh, D-Montgomery County, their compensation is justified by the expertise and management skills needed to be an effective Register of Wills.

Trusts and estates is a complex area of law, with many obscure procedures administered by little-known officials. If you need guidance in creating or changing a will, or if you are the beneficiary of an estate, experienced tax and estate planning counsel can guide you on how to proceed. For a consultation on any probate, trust, estate tax, or other issue, contact the Rockville and Bethesda, Maryland estate planning lawyers at Longman & Van Grack at (301) 291-5027 for a consultation.