Probate in Maryland

Overview

Maryland has a distinctive probate system centered on the Register of Wills, an elected official in each of the state's 24 jurisdictions (23 counties plus Baltimore City). The Orphans' Court handles contested matters and appeals. Maryland does not follow the Uniform Probate Code, instead relying on the Maryland Estates and Trusts Code. The state offers small estate, modified administration, and regular estate proceedings, with different thresholds depending on whether a surviving spouse is the sole heir.

Key Facts

• Governing Law: Maryland Estates and Trusts Code
• Court: Orphans' Court / Register of Wills
• Small Estate Threshold: $50,000
• Typical Timeline: 6 to 12 months for standard estates; complex estates can take 1–2 years
• Follows UPC: No

What Makes Maryland Unique

• Register of Wills System — Maryland uses elected Registers of Wills rather than traditional probate judges for routine estate administration. These officials handle will admission, personal representative appointment, and oversight of estate filings, providing accessible and specialized service.
• Dual Threshold for Small Estates — Maryland has a standard small estate threshold of $50,000, but this increases to $100,000 when the surviving spouse is the sole heir or legatee, providing additional flexibility for surviving spouses.
• Modified Administration — Maryland offers a Modified Administration procedure that reduces reporting requirements for estates where all beneficiaries consent and the estate can be settled within 12 months. This middle ground between small estate and regular administration can save time and costs.
• Orphans' Court — Maryland's Orphans' Court handles contested probate matters, will disputes, and appeals from the Register of Wills. Orphans' Court judges are elected (except in Harford and Montgomery counties, where Circuit Court judges sit as the Orphans' Court).
• No State Estate Tax for Most Estates — Maryland imposes an estate tax only on estates exceeding the federal exemption amount ($13.61 million in 2024). Maryland also has an inheritance tax on non-lineal heirs at 10%.
• Three-Week Publication Requirement — Maryland requires publication of notice to creditors in a newspaper for three consecutive weeks, which is more than many states require.

Probate Process Steps

1. File petition for administration with the Register of Wills in the county where the decedent resided
2. Register of Wills admits the will and issues Letters of Administration or Letters Testamentary
3. Notify interested persons and known creditors
4. Publish notice to creditors in a newspaper for three consecutive weeks
5. File Information Report listing assets and their values within 3 months
6. Allow creditor claims period (6 months from date of death)
7. Pay valid debts, taxes, and administration expenses
8. File First and Final Account or subsequent accounts with the Register of Wills
9. Distribute remaining assets to beneficiaries
10. File final report and close the estate with the Register of Wills

Costs & Fees

Fee Structure: Maryland does not have a statutory percentage-based fee schedule for attorneys. Attorney fees are based on reasonable compensation. The Register of Wills charges filing fees based on the estate's value. Personal representative compensation is set at reasonable rates, typically not exceeding certain percentages of the estate value as approved by the court.

Typical Attorney Fees: Hourly rates typically $250–$400/hour; flat fees of $2,500–$7,000 for simple estates

Non-Lawyer Fees: $400 – $1,800 including Register of Wills filing fees ($100–$500 based on estate value), publication costs ($150–$400), certified copies, and recording fees

Maryland's Register of Wills fees are based on estate value and can be significant for larger estates. The inheritance tax (10% on non-lineal heirs) adds cost for estates with beneficiaries who are not direct relatives. Bond is generally required unless waived in the will.

Frequently Asked Questions