Expanded Rules for Non-Resident Decedents In Maryland

Maryland recently enacted changes to the laws governing probate venue, which became effective July 1, 2026. While these changes will not impact every estate in Maryland, they will impact estates where the decedent owned property in Maryland but resided out of state or outside of the United States.

Probate venue refers to the county where an estate should be opened. Typically, a probate estate is opened in the county where the decedent lived. However, if the decedent lived out of state or county, complications could arise. The new law provides more flexibility to the courts and Registers of Wills.

Previously, when the decent was a non-Maryland resident, Maryland law looked to the location of the decedent’s real property (real estate) to determine where an estate should be opened. Under the new law, venue can now be determined based on additional factors, such as:

•     where the decedent last lived in Maryland (if applicable);
•     where a personal representative resides or maintains a principal place of business;
•     where beneficiaries or interested persons reside;
•     where certain legal claims arose; or
•     where a financial institution connected to the estate may be sued.

Even relatively small estates can present unexpected legal questions, especially when the decedent did not reside in Maryland. For a free, confidential conversation to discuss Maryland probate, contact Maryland estate attorney Stephen J. Reichert at 410-299-4959 or sreichert@reichertlegal.com.

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