✓ Verified June 2026
This guide explains the Maryland probate process in plain English — which court handles it, how long it takes, what it costs, and how families can sometimes skip it. All figures are from Maryland law, verified as of June 2026.
In This Maryland Guide:
Maryland Probate at a Glance
Here are the key facts about the Maryland probate process:
| Court that handles probate | Register of Wills (filing and administration) and Orphans’ Court (disputes and supervision); each of Maryland’s 23 counties and Baltimore City has both offices. Montgomery County and Harford County use Circuit Court judges sitting as Orphans’ Court instead of a separate Orphans’ Court panel. |
| Probate types available | Three tracks: (1) Small Estate — gross probate assets of 50000 or less, or 100000 or less if the sole heir is the surviving spouse; handled by affidavit with no court filing fee and typically resolved in 2 to 4 months. (2) Modified Administration — a streamlined track available when all residuary legatees are exempt from Maryland inheritance tax (spouse, children, parents, grandchildren, stepchildren, stepparents), the personal representative is a residuary legatee, the estate is solvent, and all interested persons consent in writing; must be elected within 3 months of appointment, final report due within 10 months, final distribution within 12 months. (3) Regular Administrative Estate — full court-supervised administration with inventory due in 3 months, first account due in 9 months, and a 6-month creditor claim period. |
| Typical timeline | 12 months for a standard uncontested regular administration; modified administration typically closes in 10 to 12 months; the 6-month creditor claim period is the hard floor preventing faster resolution of regular estates |
| Fastest option | Small Estate affidavit for estates with gross probate assets of 50000 or less (100000 if sole heir is surviving spouse); typically resolved in 2 to 4 months with no filing fee |
| Fee structure | STATUTORY-FEE state. Maryland Estates and Trusts Article section 7-601 sets a maximum commission schedule: personal representative may receive up to 9 percent on the first 20000 of estate value, then 1800 plus 3.6 percent of the amount over 20000. Attorney fees plus personal representative commissions combined cannot exceed the section 7-601 schedule. The court has discretion to allow commissions it considers appropriate on a detailed petition. |
| Typical total cost | For a 500000 estate, probate filing fee is 500, maximum personal representative commission is approximately 19080 (1800 plus 3.6 percent of 480000), plus attorney fees (which share the same statutory cap with PR commissions). Total probate cost for a typical estate ranges from roughly 2 to 5 percent of the gross estate depending on complexity and whether attorney fees are negotiated below the statutory ceiling. |
| Court filing fee | Sliding scale per MD ET section 2-206 effective October 1 2022: under 10000 = 50; 10000 to 19999 = 100; 20000 to 49999 = 150; 50000 to 74999 = 200; 75000 to 99999 = 300; 100000 to 249999 = 400; 250000 to 499999 = 500; 500000 to 749999 = 750; 750000 to 999999 = 1000; 1000000 to 1999999 = 1500; 2000000 to 4999999 = 2500; 5000000 and over = 2500 plus 0.02 percent of the amount over 5000000. Small estates pay no filing fee. |
| Executor compensation | Statutory schedule under MD ET section 7-601: up to 9 percent on the first 20000 of gross estate value, then 1800 plus 3.6 percent of the amount exceeding 20000. If the will specifies compensation the court may still allow additional fees if the provision is insufficient. Combined personal representative commissions and attorney fees cannot exceed the statutory schedule. |
How to Avoid Probate in Maryland
Revocable living trust (assets titled in trust bypass probate); joint tenancy with right of survivorship; tenancy by the entirety for married couples; payable-on-death designations on bank accounts and CDs; transfer-on-death designations on securities and vehicles through the MVA; beneficiary designations on life insurance and retirement accounts.
IMPORTANT: Maryland does NOT allow transfer-on-death deeds for real estate, so real property must pass through probate, a trust, or joint ownership to avoid probate.
Out-of-state property (ancillary probate): Yes. When a non-Maryland resident dies owning real or tangible property in Maryland, a Foreign Personal Representative must apply through the Register of Wills to administer the Maryland property. Required documents include a certified copy of appointment from the home state, the will if any, a Maryland resident agent, and a list of beneficiaries receiving Maryland property.
Maryland inheritance tax (10 percent on non-lineal heirs) and estate tax may apply to Maryland-situs property regardless of domicile.
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Other Maryland probate rules: (1) Maryland imposes BOTH an inheritance tax (10 percent on assets passing to non-lineal heirs such as siblings, nieces, nephews, and unrelated persons; transfers to spouse, children, parents, grandchildren, stepchildren, and stepparents are exempt) and a separate estate tax with an exemption tied to the federal exemption amount — Maryland is one of very few states with both taxes.
(2) Orphans’ Court judges are elected every 4 years; in 18 of 24 jurisdictions they are not required to be attorneys (Baltimore City, Baltimore County, and Prince George’s County require attorney-judges). (3) The Register of Wills is an elected constitutional officer, not a court clerk. (4) Maryland does not permit transfer-on-death deeds for real estate, unlike many other states.
(5) Modified administration provides a meaningful shortcut for families where all beneficiaries are lineal heirs — no formal inventory or administration account is required, only a final report within 10 months.
Understanding the Maryland Probate Process
The Maryland probate process follows a clear sequence — open the case, appoint the executor, inventory assets, pay debts, then distribute what is left. How long the Maryland probate process takes and what it costs depends on the type of probate the estate qualifies for, which is why the exact figures above matter.
Many families are relieved to learn the Maryland probate process is simpler and cheaper than they feared, especially for smaller or well-planned estates. Your state probate court’s self-help center can guide an executor through the Maryland probate process step by step.
You don’t have to do this alone
If you are settling a loved one’s estate in Maryland, your state’s probate court self-help center and free legal-aid offices can walk you through the process at no cost. For an active probate or a deadline, talk to a licensed probate attorney in your state.
Official Maryland Sources & Resources
- Maryland Probate Court: https://registers.maryland.gov/main/ (Register of Wills main site with forms, fee schedule, and deadlines); https://www.mdcourts.gov/orphanscourt (Orphans’ Court)
- Maryland Probate Code: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=get (Maryland Estates and Trusts Article)
- Internal Revenue Service — Estate Tax: irs.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
This Maryland probate guide was last verified against official sources in June 2026. Laws change — verify with your state court or a licensed attorney.
More Maryland Wills & Probate Guides
- Maryland Wills & Estate Planning
- Dying Without a Will in Maryland
- Maryland Estate & Inheritance Tax
- Maryland Small Estate Affidavit
- Maryland Living Trust
- Probate Cost Calculator
- All 51 States
Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.