# Estates and Trusts (GET)

## Title 2. The Court

### Subtitle 1. The Probate Court

#### Section 2-101

In the estates of decedents law, the word "court" means the orphans' court in a county, or the court exercising the jurisdiction of the orphans' court in a county.

#### Section 2-102

(a)

  (1) The court may:

    (i) Conduct judicial probate;

    (ii) Direct the conduct of a personal representative;

    (iii) Summon witnesses; and

    (iv) Issue orders that may be:

      (1) Required in the course of the administration of an estate of a decedent; or

      (2) Necessary to determine the value or sources of payment of an elective share under Sec. 3-413 of this article.

  (2) The court may not, under pretext of incidental power or constructive authority, exercise any jurisdiction not expressly conferred.

(b) The court may not establish rules of practice and procedure inconsistent with the Maryland Rules or with any statute.

(c) An interested person may petition the court to resolve any question concerning an estate or its administration.

(d) This section may not be construed to limit the court's authority under Sec. 1-301(b) of this article.

#### Section 2-103

The court has the same legal and equitable powers to effectuate its jurisdiction, punish contempts, and carry out its orders, judgments, and decrees as a court of record with general jurisdiction in equity.

#### Section 2-104

The Maryland Rules for the summoning of a witness, and for depositions and discovery, apply to all actions.

#### Section 2-105

(a) In a controversy in the court, an issue of fact may be determined by the court.

(b)

  (1) At the request of an interested person made within the time determined by the court, the issue of fact may be determined by a court of law.

  (2) When the request is made before the court has determined the issue of fact, the court shall transmit the issue to a court of law.

(c) After the determination of the issue, whether by the court or after transmission to a court of law, the court shall enter an appropriate judgment or decree.

(d) This section does not apply where the estate is administered under the jurisdiction of a court having general equity jurisdiction.

#### Section 2-106

(a)

  (1) Except as provided in this section and unless a different time is prescribed by local law, the court shall be held in each county at the usual place of holding court in the county, on the second Tuesday of February, April, June, August, October, and December, and more often if need be, according to its own adjournment.

  (2) One of the judges of the court, in the absence of the others, shall have power to hold court at a stated time of adjournment only for the purpose of adjourning.

  (3) Two judges shall have full power to do an act which the court is or may be authorized by law to perform, and two of them shall have power to hold court on a day not named in an adjournment, on the application of a person having pressing business in the court, if notice be given to any interested person, and the register records that notice has been given.

  (4) One of the judges, in the absence of the others on account of prolonged illness, or in case of vacancy, shall have full power to do an act which the court is authorized by law to do, provided there is attached to the proceedings or papers in each case a certificate signed by the register, certifying to the vacancy or prolonged illness of the judge or judges not attending court on that day.

  (5) If the court does not meet on a day fixed for its meeting and is not adjourned as provided, the register shall adjourn the court from day to day until a meeting is had according to law.

(b)

  (1) The sessions of the Court in Baltimore City shall continue from 10 a.m. to 4 p.m., if necessary for the transaction of the business of the Court.

  (2)

    (i) In Baltimore City, a judge of the Orphans' Court who is also an attorney-at-law has full power to do any act which the Court is or may be authorized by law to perform, including the power to hold court on a day not named in an adjournment.

    (ii) On request of any interested party filed within the time determined by the Court, two judges shall be required to act for the Court.

(c) In Montgomery County, a judge of the Circuit Court for Montgomery County at the time sitting as the Orphans' Court for the County shall have full power to do an act which the Orphans' Court of the County is or shall be authorized to perform, including the power to hold court on a day not named in an adjournment as provided.

(d)

  (1) Each judge of the Court for Prince George's County shall spend at least 3 days each week in the conduct of the business of the Court.

  (2)

    (i) Subject to subparagraph (ii) of this paragraph, in Prince George's County, a judge of the Orphans' Court who is also an attorney-at-law has full power to do any act which the Court is or may be authorized to perform, including the power to hold court on a day not named in an adjournment.

    (ii) On request of any interested party, two judges shall be required to act for the Court.

  (3) If necessary to transact business before the Court, court may be convened 5 days each week.

(e)

  (1) In Harford County, the provisions of subsection (a) of this section do not apply.

  (2) A judge of the Circuit Court for Harford County shall sit as the Orphans' Court for the County at the time or times established by the judges of the County Circuit Court and shall have full power to do any act which the Orphans' Court of the County is or shall be authorized to perform, including the power to hold court on a day not named in an adjournment.

(f)

  (1) The sessions of the Court in Baltimore County shall continue from 10 a.m. to 4 p.m., if necessary for the transaction of the business of the Court.

  (2) A judge of the Orphans' Court in Baltimore County who is also an attorney-at-law has full power to do any act that the Court is authorized by law to perform, including the power to hold court on a day not named in an adjournment.

(g)

  (1) In Charles County,  the sessions of the Court shall be held on at least one day each week, as determined by the Court, for the transaction of business.

  (2) In Howard County, the sessions of the Court shall be held as determined by the Court for the transaction of business.

(h) In Anne Arundel County, the sessions of the Court shall be held at least 2 full business days each week, and more often if necessary, for the transaction of business.

(i) If an orphans' court judge of a county is unable to serve for any reason, the Chief Justice of the Supreme Court of Maryland may assign, on a temporary basis, an orphans' court judge of another county to sit for the judge who is unable to serve.

(j) In Cecil County, the sessions of the Court shall be held every Tuesday for the transaction of the business of the Court, and more often if need be, according to its own adjournment.

#### Section 2-107

(a)

  (1) Except in Harford County and Montgomery County, the Governor shall designate and commission one of the three judges of the Court in each county as Chief Judge of the Court.

  (2) Full power and authority are vested in each judge designated and commissioned as chief judge to act as chief judge.

  (3) Any writ and other process tested in the name of the chief judge is valid for any purpose.

(b)

  (1) A reference in the estates of decedents law to the chief judge of the court of a county means, with regard to Harford County or Montgomery County, the judge of the circuit court then sitting as the Orphans' Court.

  (2) A reference to the judges of the court in plural number means, with respect to Harford County or Montgomery County, the judge of the circuit court then sitting as the Orphans' Court, unless the section otherwise specifically provides.

#### Section 2-108

(a)

  (1) Except in Montgomery County and Harford County, the judges of the courts shall receive compensation and allowances as prescribed by law.

  (2) Unless otherwise provided, the compensation shall be paid in monthly installments.

  (3) Mileage or travel expenses may not be allowed to a judge for attending sessions of the judge's court except as specifically provided.

(b)

  (1) Each of the judges of the Court for Allegany County shall receive an annual salary set by the County Commissioners in accordance with Title 28, Subtitle 1 of the Local Government Article.

  (2) Each judge shall also receive an expense allowance in the amount of $600 annually, to be paid at the rate of $50 monthly.

(c)

  (1) Each of the judges of the Court for Anne Arundel County shall receive an annual compensation as set by the County Executive and the County Council.

  (2) Each judge shall also receive an expense allowance up to $150 per month for personal expenses incidental to the judge's duties, to be paid by the Comptroller of Anne Arundel County each month on presentation of an itemized voucher in accordance with rules and regulations prescribed by the Comptroller.

(d)

  (1)

    (i) Each judge of the Court of Baltimore City shall receive an annual compensation as determined by the Mayor and City Council of Baltimore City.

    (ii) Each judge who was in active service on or after January 1, 1984, shall be paid after the termination of active service, if the judge is then at least 60 years of age or when the judge shall attain 60 years of age, a pension or salary as determined by the Mayor and City Council of Baltimore City.

  (2)

    (i) The surviving spouse of every elected judge of the Court of Baltimore City shall be paid one-half of the pension to which the judge's spouse was entitled at the time of the judge's death, or would have become entitled to by reason of attaining 60 years of age.

    (ii) In each instance, the pension shall be paid to the spouse until remarriage or death.

    (iii) The provisions of this subsection shall not apply in the case of a spouse who was married to a sitting judge for a period of less than 3 years before the judge's death, and to a retired judge for a period less than 3 years before the judge's retirement.

(e) Each of the judges of the Court for Baltimore County shall receive an annual compensation as set by the County Executive and the County Council in accordance with Article 4 of the Baltimore County Code.

(f)

  (1) Each of the judges of the Court for Calvert County shall receive as annual compensation the sum of $8,925.

  (2) The salary of the Chief Judge is $9,130.

  (3) The County Commissioners may provide additional funds for expenses for the judges.

(g) Each of the judges of the Court for Caroline County shall receive an annual salary as determined by the County Commissioners, but not less than $5,000.

(h)

  (1) Each of the judges of the Court for Carroll County shall receive an annual compensation of $15,000, to be paid monthly.

  (2) The annual salary of the Chief Judge is $16,500, to be paid in equal monthly installments.

  (3) Each judge and the Chief Judge shall also be allowed $200 annually for traveling expenses, payable quarterly.

(i)

  (1) Each of the judges of the Court for Cecil County shall receive an annual compensation of:

    (i) $5,500 for fiscal year 2015;

    (ii) $6,500 for fiscal year 2016;

    (iii) $7,500 for fiscal year 2017; and

    (iv) $8,750 for fiscal year 2018 and each subsequent fiscal year.

  (2) Each judge shall also receive an allowance for traveling expenses of $1,500 annually, to be paid quarterly by the county.

(j)

  (1) The annual salary for each judge of the Court for Charles County is:

    (i) $12,000 for calendar year 2018;

    (ii) $12,250 for calendar year 2019;

    (iii) $12,500 for calendar year 2020;

    (iv) $12,750 for calendar year 2021; and

    (v) $13,000 for calendar year 2022 and each subsequent calendar year.

  (2) Beginning in calendar year 2019, the Chief Judge shall receive an additional $500 annually.

  (3) Each judge is entitled to $500 each year for travel expenses, payable quarterly.

(k)

  (1) Each of the judges of the Court for Dorchester County shall receive an annual salary as determined by the County Council, but not less than $6,000.

  (2) Each judge shall also receive an expense allowance as determined by the County Council, but not less than $1,000 annually.

(l)

  (1) The Chief Judge of the Court for Frederick County shall receive an annual compensation of $11,000.

  (2) Each of the associate judges of the Court for Frederick County shall receive an annual compensation of $10,000.

  (3) Each judge also shall receive reimbursement for expenses actually incurred in the performance of duties, up to $700 per year, to be paid by the Board of County Commissioners each month on presentation of an itemized voucher.

(m)

  (1) Each of the judges of the Court for Garrett County shall receive an annual salary set by the Board of County Commissioners in accordance with Sec.Sec. 32.43 and 32.44 of the Public Local Laws of Garrett County.

  (2)

    (i) Each judge shall be reimbursed for traveling to and from the sessions of the Court at the rate Garrett County pays for mileage.

    (ii) Each judge shall also receive an amount for expenses for every day's attendance on the sessions of the Court set by the Board of County Commissioners in accordance with Sec.Sec. 32.43 and 32.44 of the Public Local Laws of Garrett County.

(n)

  (1) Each associate judge of the Court for Howard County shall receive an annual compensation, to be paid monthly, of:

    (i) $12,000 for fiscal year 2019;

    (ii) $14,000 for fiscal year 2020;

    (iii) $16,000 for fiscal year 2021; and

    (iv) $18,000 for fiscal year 2022.

  (2) The Chief Judge shall receive an annual compensation, to be paid monthly, of:

    (i) $13,500 for fiscal year 2019;

    (ii) $15,500 for fiscal year 2020;

    (iii) $17,500 for fiscal year 2021; and

    (iv) $19,500 for fiscal year 2022.

  (3) Each judge shall also receive an expense allowance, in addition, up to $50 per month, for personal expenses incidental to the judge's duties, to be paid by the Treasurer of Howard County each month on presentation of an itemized voucher.

(o)

  (1) Each of the judges of the Court for Kent County shall receive a salary as set by the County Commissioners.

  (2)

    (i) Each judge shall receive an allowance for travel expenses in accordance with the county budget.

    (ii) The County Commissioners shall pay quarterly to each judge the travel allowance provided in subparagraph (i) of this paragraph.

(p) Each judge of the Court for Prince George's County shall receive an annual compensation as determined by the County Executive and County Council.

(q)

  (1) Each of the judges of the Court for Queen Anne's County shall receive a salary as set by the County Commissioners.

  (2)

    (i) Each judge shall receive an allowance for travel expenses in accordance with the County budget.

    (ii) The County Commissioners shall pay quarterly to each judge the travel allowance provided in subparagraph (i) of this paragraph.

(r)

  (1) The Chief Judge of the Court for St. Mary's County shall receive an annual salary of $11,000, with a 1.5% annual increase.

  (2) Each associate judge of the Court for St. Mary's County shall receive an annual salary of $10,000, with a 1.5% annual increase.

  (3) In addition, each judge shall:

    (i) Receive annually $150 for each year served; and

    (ii) Be allowed $1,000 annually for traveling expenses, payable quarterly.

(s)

  (1) The Chief Judge of the Court for Somerset County shall receive an annual salary of $5,200 to be paid quarterly.

  (2) Each of the associate judges of the Court for Somerset County shall receive an annual salary of $4,800 to be paid quarterly.

  (3) Each judge shall also receive a daily allowance for traveling expenses of $55 for every day's attendance on the sessions of the Court.

(t) Each of the judges of the Court for Talbot County shall receive a salary as set by the County Council.

(u)

  (1) As compensation each of the judges of the Court for Washington County shall receive an annual compensation as set by the County Commissioners of Washington County under Title 28, Subtitle 2 of the Local Government Article.

  (2) The County Commissioners may provide for an expense allowance as the County Commissioners determine.

(v)

  (1) Each judge of the Court for Wicomico County shall receive an annual salary of $11,600 to be paid quarterly.

  (2) Each judge shall also receive an annual allowance for traveling expenses of $1,560 to be paid quarterly.

(w)

  (1) The Board of County Commissioners of Worcester County shall determine the compensation for judges of the Court for Worcester County but the compensation may not be less than the sum of $30 for every day's attendance on the sessions of the Court.

  (2) The judges shall also receive an allowance for traveling expenses of $1,600 annually.

(x)

  (1) Except in Montgomery, Frederick, Carroll, Talbot, Cecil, Kent, Queen Anne's, Garrett, and Harford counties and Baltimore City, and except as otherwise provided in this subsection, a county shall pay a pension, in the same manner as salaries are paid during active service, to each judge of the Orphans' Court who:

    (i) Has terminated active service;

    (ii) Has reached 60 years of age; and

    (iii) Has completed at least two terms of office.

  (2) Except as provided in this section, the salary or pension shall be the greater of:

    (i) $1,200 annually; or

    (ii) An annual amount calculated at the rate of 4% of the last annual amount of compensation multiplied by the number of years or partial years of service, not exceeding 12 years.

  (3) An Orphans' Court judge in Somerset County and Worcester County is eligible for a pension under this subsection only if the judge is in office on or before July 1, 1979.

  (4) In Wicomico County, an Orphans' Court judge who has completed at least 12 years in office is eligible for a pension under this subsection.

  (5) In Prince George's County, the salary or pension to each Orphans' Court judge shall be the greater of:

    (i) $1,200 annually; or

    (ii) An annual amount calculated at the rate of 4% of the last annual amount of compensation multiplied by the number of years or partial years of service, not exceeding 20 years.

  (6) In Allegany County, the pension for an Orphans' Court judge shall be the greater of:

    (i) $1,200 annually; or

    (ii)

      (1) Except as provided in item 2 of this subparagraph, an annual amount calculated at the rate of 4% of the last annual amount of compensation multiplied by the number of years of service, not exceeding 24 years; or

      (2) An annual amount equal to two-thirds of the last annual amount of compensation if the judge has more than 16 years of service.

  (7)

    (i) This paragraph applies only in Baltimore County.

    (ii) An Orphans' Court judge is eligible for a pension under this subsection only if the judge was in office on or after January 1, 2022.

    (iii) The pension shall be the greater of:

      (1) $1,200 annually; or

      (2) An annual amount calculated at the rate of 4% of the last annual amount of compensation multiplied by the number of years of service beginning on or after January 1, 2022, not exceeding 24 years.

    (iv)

      (1) Subject to subsubparagraph 2 of this subparagraph and except as provided in subsubparagraph 3 of this subparagraph, a surviving spouse of an Orphans' Court judge shall be paid one-half of the pension to which the judge was entitled at the time of the judge's death, or would have been entitled on attaining 60 years of age.

      (2) A pension shall be paid to a surviving spouse until the surviving spouse's death or remarriage.

      (3) A surviving spouse is not entitled to a pension if the surviving spouse was married to an active or retired judge for a period of less than 3 years before the active judge's death or the retired judge's retirement.

    (v) The County Council shall establish, by law:

      (1) Requirements for an Orphans' Court judge to contribute to the pension system;

      (2) Procedures and requirements for purchasing eligibility service credit; and

      (3) Any other provisions necessary to carry out this paragraph.

  (8) The pension or salary may be suspended during any month the judge is a full-time employee of any county or of this State.

  (9) Notwithstanding any provision of this section an Orphans' Court judge may not receive a pension under this section if the judge is receiving any other State pension based on service as an Orphans' Court judge.

#### Section 2-109

A judge of the court may not act as an attorney at law in a civil or criminal matter during a term of office if the matter is:

(1)

  (i) Within the jurisdiction of the court in any county or Baltimore City; and

  (ii) Related to the administration of an estate or a guardianship of a minor; or

(2) Related to the preparation of an estate plan or estate planning documents that might come within the jurisdiction of the court in any county or Baltimore City following the death of any individual.

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Md. Code Ann., Est. & Trusts (as displayed at mgaleg.maryland.gov, October 16, 2026)