How Probate Works in Maryland

When someone dies in Maryland, the people they leave behind usually meet the Register of Wills before they meet a judge. Most Maryland estates are settled through an office in the county where the person lived, with forms, deadlines and a fee schedule set by state law. Here is how that process works, what it charges, and what never goes through it.

The short answer

Probate is the legal process that settles a person's estate: it confirms who has authority to act, pays valid debts and passes what is left to the right people. In Maryland, an estate is opened with the Register of Wills in the county where the person lived, and a personal representative (the person in charge of settling the estate) is appointed. If the probate assets are worth $50,000 or less, or $100,000 or less when a surviving spouse is the only heir or beneficiary, the estate can be opened as a small estate with no Register of Wills fee. Larger estates follow a longer process with deadlines of 3 months for the inventory and 9 months for the first account.

For a broader explanation of the process in any state, see what probate is.

Who handles probate in Maryland?

Each Maryland county, and Baltimore City, has a Register of Wills. That office accepts wills for filing, opens estates, publishes notices and reviews the paperwork a personal representative files. According to the Register of Wills, a personal representative must be appointed by the Register of Wills or the Orphans' Court before anyone can dispose of estate assets. The Orphans' Court is the local court that handles probate matters when a court decision is needed, such as a dispute over a will.

What are the steps of Maryland probate?

A regular estate in Maryland generally moves through these steps. The deadlines come from the Estates and Trusts Article of the Maryland Code.

1. File the will and open the estate. Whoever holds the original will files it with the Register of Wills in the county where the person was domiciled at death. A petition to open the estate is filed there too.
2. Appointment of a personal representative. The Register of Wills or the Orphans' Court appoints the personal representative, usually the person named in the will. Maryland law sets an order of priority for who may serve, starting with the person named in the will (§5-104).
3. Notice to the public and to creditors. The register publishes notice of the appointment in a newspaper of general circulation in the county, once a week for 3 successive weeks (§7-103). The notice tells creditors to present their claims.
4. Inventory. The personal representative files an inventory of the probate assets within 3 months after appointment (§7-201).
5. Creditor claims. A claim against the estate is barred unless presented by the earlier of 6 months after the date of death or 2 months after the personal representative mails or delivers written notice to that creditor (§8-103).
6. Accounts. The first account, a report of money in and out of the estate, is due within 9 months after appointment. After that, an account is due every 6 months until the final account (§7-305).
7. Distribution. Once debts, taxes and expenses are paid, the personal representative distributes what is left according to the will, or according to Maryland's inheritance rules if there is no will.
8. Closing. The estate closes after the final account is approved and the property has been distributed.

These are the markers the statute sets. How long a particular estate takes depends on its assets, its debts and whether anyone contests anything, so the law gives no single total duration.

How does a small estate work in Maryland?

Maryland has a simpler procedure for small estates under Title 5, Subtitle 6 of the Estates and Trusts Article. Under §5-601, an estate qualifies when the property subject to administration is worth $50,000 or less as of the date of death. The limit rises to $100,000 or less when the surviving spouse is the sole legatee or heir, meaning the only person who inherits under the will or under the law.

What a small estate looks like in practice:

• No fee. The Register of Wills states that for small estates opened on or after October 1, 2022, no fee is due, including estates between 50,000 and $100,000 where a spouse is the sole heir or legatee.
• One notice. Notice is published once, rather than for 3 weeks (§5-603).
• Shorter creditor window. A creditor's claim is barred unless presented by the earlier of 6 months after death or 30 days after the personal representative mails or delivers written notice to that creditor (§5-603).
• Little or no court involvement. The Register of Wills says the overwhelming majority of small estates are administered under its guidance and very rarely require any court.

Only probate assets count toward the limit. A house owned jointly with a spouse or a retirement account with a named beneficiary is not counted, which is why many estates with a home and savings still qualify.

What is modified administration?

Modified administration is a middle path for estates that are too large for small estate treatment but simple in who inherits. Under §5-702, a personal representative may elect it within 3 months after appointment when all of these are true:

• Every residuary beneficiary (the people who receive what is left after specific gifts) or heir is the personal representative, a person or entity exempt from Maryland inheritance tax, or a trust whose current beneficiaries are all exempt.
• The estate is solvent and has enough assets to pay every specific gift in full.
• A verified final report can be filed within 10 months after appointment.
• Final distribution can occur within 12 months after appointment.
• All residuary beneficiaries or heirs consent.

In practice, this often fits an estate left entirely to a spouse or children, since close family members are generally exempt from the inheritance tax. Instead of the regular inventory and accounts, the personal representative files a verified final report. If modified administration is revoked, the formal inventory and account become due (§5-708).

What does Maryland probate charge?

The Register of Wills charges a probate fee based on the value of the probate estate. Maryland law sets the schedule in §2-206 of the Estates and Trusts Article, and the Register of Wills lists it for estates opened on or after October 1, 2022.

For a regular estate, the value comes from the accounts filed in the case. For modified administration, it is the gross value of the probate assets on the final report. Small estates pay no fee. The Register of Wills also charges small amounts for items like certified copies.

What can a personal representative be paid?

A personal representative may receive commissions, and §7-601 sets the ceiling unless the will provides for more: 9% of the first $20,000 of property, plus 3.6% of anything above $20,000. The court allows what it considers appropriate within that cap, and a personal representative may also waive commissions entirely.

As a hypothetical, for a probate estate of $300,000 the cap would be $1,800 on the first $20,000 plus 3.6% of the remaining $280,000 ($10,080), for a maximum of $11,880. Attorney fees are separate. Under §7-602, a court may allow a fair and reasonable fee, considering the total cost of administering the estate.

Are Maryland inheritance and estate taxes part of probate fees?

No. They are separate from the probate fee. Maryland has an inheritance tax of 10% on property passing to people who are not exempt, and close family members such as a spouse, children, parents and grandchildren are exempt. Maryland also has an estate tax, filed with the Comptroller, with an exclusion amount of $5,000,000 for deaths on or after January 1, 2019. For who pays the inheritance tax and who does not, see will your Maryland heirs pay the 10% inheritance tax.

What does not go through probate in Maryland?

Only probate assets, property in the person's name alone with no beneficiary, go through the Register of Wills. The Register of Wills lists these as nonprobate property:

• Jointly held property that passes to the surviving owner, such as a home owned with a spouse.
• Accounts with a beneficiary designation, including retirement accounts and payable on death bank accounts.
• Assets held in a trust, including a revocable living trust.

A revocable living trust is a trust a person creates and controls during life and can change at any time. Property titled in the trust's name at death is owned by the trust, not by the person, so the successor trustee can manage and distribute it without a Maryland probate estate for that property. The key word is titled: a trust only avoids probate for assets actually moved into it. For a closer look at whether a trust is worth it in Maryland, see do you need a trust to skip probate in Maryland.

A will does not avoid probate. It gives instructions the Register of Wills and the personal representative follow, and it names who should serve.

How Inhira fits

Most Maryland families only need a will, since joint ownership, beneficiary designations and the small estate process already keep many estates simple. The Free Will or the Complete Will Plan, built from attorney reviewed templates, covers that, and how to make a will in Maryland explains the signing rules. People who want to keep a home or other titled property out of Maryland probate often use a revocable living trust, which is part of the Complete Trust Plan. The Maryland page shows what each plan includes in Maryland.