Skip to content
Honest Funeral

Estate settlement · MD

Probate in Maryland.

The basics most families need to know. Not legal advice — see the official sources at the bottom of this page, or call a Maryland estate attorney for the specifics of your situation.

Small estate threshold

Estates under $50,000

Maryland has a Small Estate procedure for estates of $50,000 or less ($100,000 if everything passes to the surviving spouse). It's a formal court process — quicker than regular estate administration but still filed with the Register of Wills.

Typical timeline

9–14 months for full probate

Maryland does not have an informal probate option — full court-supervised probate is the standard path.

Maryland does not require an attorney for probate, though most families with non-trivial estates use one. Average legal fees: $1,500–$5,000.

Notable quirks

What makes Maryland different.

  • Maryland has BOTH a state estate tax AND a state inheritance tax — one of the few states with both. Inheritance tax exempts close relatives but charges 10% on others.
  • Probate is handled by the Register of Wills in each county — separate from the courts.
  • Maryland uses a personal-representative system rather than executor/administrator distinctions.
  • Modified Administration is available when all heirs and creditors agree — faster than regular administration.
  • The Register of Wills office is unusually helpful with self-represented executors compared to most states.
Key forms

What the executor will file.

  • Regular Estate Petition
    Opens probate for estates over $50,000.
  • Small Estate Petition
    Estates $50,000 or less ($100k spouse-only).
  • Modified Administration Election
    Faster path when heirs and creditors all agree.
Authoritative sources

For the actual current rules.

State rules and thresholds change. These links go to the Maryland courts and bar association — the source of truth for current forms, fees, and procedures.

Other states

We have probate guides for the 10 most populous states. Pick another:

CaliforniaTexasFloridaNew YorkPennsylvaniaIllinoisOhioGeorgiaNorth CarolinaMichiganNew JerseyVirginiaWashingtonArizonaMassachusettsTennesseeIndianaMissouriWisconsinColoradoMinnesotaSouth CarolinaAlabamaLouisiana

This page is general consumer guidance, not legal advice. For complex estates, contested wills, or jurisdiction-specific questions, talk to a licensed Maryland estate attorney.

Stuck or just need to hear a human voice?

Call (385) 553-1141

9am–9pm ET, every day.

Prefer email? support@honestfuneral.co