Maryland Probate Guide
Probate in Maryland
Probate is required for most estates in Maryland when the total estate exceeds $50,000. The process typically takes 12-18 months from filing to final distribution.
Probate Threshold
$50,000
Estate value triggering probate
Average Timeline
12-18 months
Filing to final distribution
Attorney Fees Start At
$5,000+
Minimum for a simple estate
What Is Probate in Maryland?
Probate is the court-supervised legal process for settling a deceased person's estate — validating the will (if one exists), inventorying assets, paying outstanding debts and taxes, and legally transferring property to heirs and beneficiaries. In Maryland, the probate court has jurisdiction over this process whenever assets are titled solely in the name of the deceased without a designated beneficiary or joint owner.
In Maryland, probate is handled by the Register of Wills, with contested matters heard by the Orphans' Court — in Harford, Howard, and Montgomery Counties, Circuit Court judges sit as the Orphans' Court by rotation rather than a separately elected Orphans' Court bench. The executor files the will and a petition, receives Letters Testamentary, and then administers the estate under court supervision.
The Maryland Probate Process
Open the estate with the court
The executor named in the will — or a court-appointed administrator if there is no will — files a petition to open probate. The court admits the will to probate (if valid) and issues Letters Testamentary or Letters of Administration, granting legal authority to act on behalf of the estate.
Inventory and appraise all assets
The executor identifies and values every asset owned by the deceased: bank accounts, real estate, investments, retirement accounts, vehicles, business interests, and personal property. In Maryland, the inventory is typically due within 90 days of the executor's appointment.
Notify creditors and pay debts
Notice to creditors is published in a local newspaper, and known creditors are notified directly. In Maryland, creditors have 6 months from date of death to file claims. Valid debts — including mortgages, credit cards, medical bills, and funeral expenses — are paid from estate assets before any distribution to heirs.
File and pay taxes
The estate may owe a final income tax return, an estate income tax return, and potentially estate or inheritance taxes. Maryland has its own tax obligations that must be resolved before distribution.
Distribute assets and close the estate
After all debts and taxes are paid, the executor distributes remaining assets to the beneficiaries named in the will — or, if there is no will, according to Maryland intestate succession law. A final accounting is filed with the court and the estate is formally closed.
The full process takes 12-18 months in Maryland for a straightforward estate. Contested wills, creditor disputes, or complex assets can extend this significantly.
Attorney Fees for Maryland Probate
Maryland Attorney Fee Structure
Hourly rate; Register of Wills oversees process; no statutory attorney fee schedule
For most Maryland estates, attorney fees start at $5,000 and increase substantially for estates that include real estate, business interests, multiple heirs, or contested issues. Court filing fees and appraiser costs are separate from attorney fees.
Executor Bond Requirement
Required unless waived in will
Who Inherits Without a Will in Maryland?
Spouse receives the entire estate if no surviving minor child and either no issue or all issue are also the spouse's; if any minor child survives (whether shared with spouse or not), spouse gets half; if no minor child survives but the decedent has adult issue who are not the spouse's, spouse gets first $100,000 plus half of the residue — under Maryland's 2023 reform, a surviving parent no longer reduces the spousal share in any scenario
If the deceased did not leave a valid will, Maryland's intestate succession laws determine who inherits — which may not reflect the deceased's actual wishes. A valid will overrides these default rules entirely.
Maryland Estate & Inheritance Tax
Maryland uniquely has BOTH estate tax (over $5M threshold) AND inheritance tax (10% for non-exempt heirs); spouses, children, grandchildren, parents exempt from inheritance tax
Small Estate Options in Maryland
Small estate: under $50,000 (or $100,000 if all passes to spouse or child); simplified filing through Register of Wills
Small estate procedures can dramatically reduce costs and processing time — but only for qualifying estates. Consult a probate attorney to determine if the estate qualifies.
More Maryland Probate Resources
Probate Cost in Maryland
Attorney fees, court costs, and total estimated range
Do I Need Probate in Maryland?
Threshold, small estate options, and decision factors
Executor Duties in Maryland
Eligibility, deadlines, compensation, and common mistakes
Small Estate Options in Maryland
Qualification, process, and full probate comparison
Related Reading
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