The Estate Planning Guide Est. 2026

Maryland Probate Fee Sheet (Printable)

By The Estate Planning Guide Editorial Team Researched against primary sources

Published August 15, 2026 5 min read

Quick answer

Maryland is one of the costlier states to probate. Personal-representative commissions are capped by statute (9% of the first $20,000 of the estate plus 3.6% of everything above that), the Register of Wills charges a probate fee that scales with estate value (up to $2,500+), and Maryland is one of the few states with BOTH an estate tax ($5 million exemption) and a 10% inheritance tax on bequests to non-close relatives. A trust has more value here than in most states.

⚠️ Educational information only — not legal, tax, or financial advice.

The figures on this page are general estimates. Laws, fees, thresholds, and prices differ by state and change often, and your own situation may change the result. Before you act, confirm the current numbers and rules for Maryland with a licensed professional — an attorney, tax advisor, or licensed agent as appropriate. Reading this page does not create a professional relationship.

This page is built to print. Use your browser's Print command and choose "Save as PDF" for a one-page Maryland reference. Every figure below is compiled from the statutes and state authorities listed at the bottom — the same sources cited on our Maryland probate pages.

Maryland probate fees

Item Maryland
Court filing fee The Register of Wills charges a probate fee on a sliding scale tied to the value of the regular estate (deaths/estates opened on or after Oct. 1, 2022): $50 up to $10,000; $100 for $10,000–$20,000; $150 for $20,000–$50,000; $200 for $50,000–$75,000; $300 for $75,000–$100,000; $400 for $100,000–$250,000; $500 for $250,000–$500,000; $750 for $500,000–$750,000; $1,000 for $750,000–$1,000,000; $1,500 for $1,000,000–$2,000,000; $2,500 for $2,000,000–$5,000,000; and $2,500 plus 0.02% of the excess over $5,000,000. No probate fee is due on a small estate.
Attorney fees Not a fixed statutory percentage. Attorney fees in a Maryland estate must be reasonable and, when paid from estate assets, are subject to approval by the Register of Wills or the Orphans' Court (Md. Code, Est. & Trusts §7-602). Attorneys bill hourly or flat-fee; a routine estate commonly runs $3,000 to $10,000+.
Executor / personal representative fees Capped by statute. Under Md. Code, Est. & Trusts §7-601, the personal representative's commission may not exceed 9% of the first $20,000 of the property subject to administration, plus 3.6% of the excess over $20,000. The will may set a lower figure, and the Orphans' Court allows commissions within those caps as reasonable.
Fee basis statutory

Worked example

On a $400,000 Maryland estate the maximum commission is $15,480: 9% of the first $20,000 ($1,800) plus 3.6% of the remaining $380,000 ($13,680).

Maryland thresholds and deadlines

Item Maryland
Small-estate threshold Under Md. Code, Est. & Trusts §5-601, an estate qualifies for small-estate administration if the property subject to administration is $50,000 or less as of the date of death — or $100,000 or less if the surviving spouse is the sole legatee or heir.
Creditor claim period Six months from the date of death (or two months after the personal representative mails notice to a known creditor, whichever is later), under Md. Code, Est. & Trusts §8-103.
Typical duration About 9 to 18 months for a routine regular estate. The binding constraint is the six-month creditor claim period; the estate generally cannot close until that period runs and valid claims are resolved. Modified administration (when available) is faster, and contested estates run longer.
Transfer-on-death deed Maryland does NOT have a transfer-on-death (beneficiary) deed for real estate. Maryland recognizes TOD/POD designations for securities and bank accounts, but there is no statutory TOD deed for real property, so owners use a revocable living trust or joint ownership with right of survivorship to keep a home out of probate.
Note on the creditor-claim clock. The period above does not start on the same event in every state — depending on the statute it can run from the date of death, from the date letters are issued to the personal representative, or from first publication of notice. The Maryland trigger is stated in the row above, as written in the statute.

What passes outside Maryland probate

These transfers are not part of the estate the fees above are calculated on:

  • Beneficiary designations — retirement accounts, life insurance, payable-on-death accounts.
  • Joint ownership with right of survivorship.
  • Transfer-on-death deed — Maryland does NOT have a transfer-on-death (beneficiary) deed for real estate. Maryland recognizes TOD/POD designations for securities and bank accounts, but there is no statutory TOD deed for real property, so owners use a revocable living trust or joint ownership with right of survivorship to keep a home out of probate.
  • Assets titled into a funded living trust.

Sources for this sheet

Compiled August 15, 2026 from the sources listed above. Fee schedules, thresholds, and court costs are amended by legislatures and courts — confirm each figure against the cited statute or the Maryland court before relying on it.

The full Maryland guides

Fee sheets for other states

California · Texas · Florida · New York · Pennsylvania · Illinois · Ohio · Georgia · North Carolina · Michigan · Connecticut · Arkansas · Indiana · Oklahoma · Oregon · New Jersey · Washington · Arizona · Colorado · Massachusetts · Minnesota · Missouri · Alabama · Alaska · Delaware · Hawaii · Idaho · Iowa · Kansas · Kentucky · Louisiana · Maine · Mississippi · Montana · Nebraska · Nevada · New Hampshire · New Mexico · North Dakota · Rhode Island · South Carolina · South Dakota · Tennessee · Utah · Vermont · Virginia · West Virginia · Wisconsin · Wyoming

This sheet sets out Maryland probate figures as published at the time of compilation. It is not legal advice. Figures and statutes change and their application depends on the specific estate. Confirm current figures with the Maryland courts or a licensed Maryland attorney.

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