How much does probate cost in Maryland?

The short answer

Maryland is one of the states where the core probate fees are set by statute — fixed by law rather than negotiated. Here’s how those fees work, what else gets added on top, and the ways many families avoid full probate entirely.

Attorney fees

Not a fixed statutory percentage. Md. Code, Est. & Trusts §7-602(a) entitles an attorney to reasonable compensation for legal services rendered to the estate or the personal representative or both. Under §7-602(b)(1) it is the court — not the Register of Wills — that may allow a counsel fee, on a petition filed in reasonable detail by the personal representative or the attorney, and §7-602(b)(2) requires the compensation to be fair and reasonable in light of all the circumstances. §7-602(c) requires the court to consider what would be a fair and reasonable total charge for administering the estate and forbids aggregate compensation above that figure. We found no published source for what probate costs in total in Maryland as of September 2026; the ranges that are published come from law firms and from sites paid to refer customers to them.

Executor / personal representative fees

Md. Code, Est. & Trusts §7-601(a)(1) entitles the personal representative or special administrator to reasonable compensation. §7-601(b)(1) provides that "[u]nless the will provides a larger measure of compensation", the court may allow the commissions it considers appropriate on petition, and §7-601(b)(2) caps those commissions at 9% of the first $20,000 of the property subject to administration plus 3.6% of the excess over $20,000. So the table is a ceiling on what the court may allow, not an absolute ceiling: a will providing a larger measure displaces it. Where a will states a compensation that the court judges insufficient, §7-601(a)(2) provides that additional compensation shall be allowed. §7-601(c) lets the personal representative, special administrator or an unsuccessful exceptant appeal the allowance to the circuit court within 30 days; the circuit court may increase it but not above the table, or decrease it.

What the fee is based on

The §7-601 commission cap is calculated on the value of the property subject to administration (the probate estate). On a $500,000 estate the maximum commission is about $19,080 ($1,800 + 3.6% of $480,000). Attorney fees are separate and must be reasonable. The §7-601(b)(2) table caps what the court may allow; §7-601(b)(1) provides that a will may state a larger measure. Attorney compensation is not capped by a percentage at all — §7-602 sets a reasonableness standard reviewed by the court.

Court filing fees

Md. Code, Est. & Trusts §2-206(b)(2) sets the Register of Wills probate fee on the value of the probate estate: $0 under $50,000; $100 for $50,000 to under $100,000; $200 for $100,000 to under $500,000; $1,000 for $500,000 to under $1,000,000; $2,000 for $1,000,000 to under $2,500,000; $5,000 for $2,500,000 to under $5,000,000; $7,500 for $5,000,000 to under $7,500,000; $10,000 for $7,500,000 to under $10,000,000; and $10,000 plus 0.02% of the excess over $10,000,000 above that. §2-206(b)(3) defines the value used. §2-206(a)(1) does not itself waive anything — it defines "poverty", as a family household income at the decedent's death below 50% of the State median family income as reported in the Federal Register, or a personal representative represented by an attorney retained through the Maryland Legal Services Corporation. The waiver is §2-206(a)(4), and it requires that poverty and a property condition: the decedent's Maryland real property subject to administration must either be transferred to an heir of the decedent who resides on the property, or be encumbered by a lien and subject to sale under Title 14, Subtitle 8 of the Tax-Property Article. Income alone does not waive the fee.

Appraisal / probate referee

How long probate takes in Maryland

We found no published source for how long probate takes in Maryland as of September 2026. No Maryland court publishes case-duration data, and the ranges that circulate come from law firms and from sites paid to refer customers to them, so none is cited here. The statutory floor is the creditor period: A claim is forever barred against the estate, the personal representative, and the heirs and legatees unless presented within the EARLIER of six months after the date of the decedent's death, or two months after the personal representative mails or otherwise delivers the creditor a notice in the form required by Md. Code, Est. & Trusts §7-103 (§8-103(a)). The mailed notice shortens the period rather than extending it: the six-month death clock is the outer limit either way. Particular claims run separately — a claim based on the conduct of or a contract with the personal representative is barred unless an action is commenced within six months after the claim arose (§8-103(c)), and a Maryland Department of Health Medical Assistance recovery claim runs from publication of notice of the first appointment rather than from death (§8-103(f)). Nothing in the section affects enforcement of a mortgage, pledge, judgment or other lien or security interest on estate property (§8-103(d)), or an action for injury or property damage against a decedent who had been duly served with process before death (§8-103(e)).

Creditor claim period

A claim is forever barred against the estate, the personal representative, and the heirs and legatees unless presented within the EARLIER of six months after the date of the decedent's death, or two months after the personal representative mails or otherwise delivers the creditor a notice in the form required by Md. Code, Est. & Trusts §7-103 (§8-103(a)). The mailed notice shortens the period rather than extending it: the six-month death clock is the outer limit either way. Particular claims run separately — a claim based on the conduct of or a contract with the personal representative is barred unless an action is commenced within six months after the claim arose (§8-103(c)), and a Maryland Department of Health Medical Assistance recovery claim runs from publication of notice of the first appointment rather than from death (§8-103(f)). Nothing in the section affects enforcement of a mortgage, pledge, judgment or other lien or security interest on estate property (§8-103(d)), or an action for injury or property damage against a decedent who had been duly served with process before death (§8-103(e)). In practice, this window is often the real floor on how quickly an estate can close, because the personal representative usually waits it out before making final distributions.

How to skip full probate (or shrink the bill)

• Small-estate procedure. Md. Code, Est. & Trusts §5-601(a) allows small-estate administration under §§5-602 through 5-607 where the property of the decedent subject to administration in Maryland "is established to have a value of $50,000 or less as of the date of the death". §5-601(b) allows an estate already in administration to move to that procedure on the same $50,000 test, and §5-601(c) raises the figure to $100,000 where "the surviving spouse is the sole legatee or heir" — both of those only if the change is made "before the filing of an initial account". §5-601(d) fixes the valuation basis: value is "the fair market value of property less debts of record secured by the property, as of the date of death, to the extent that insurance benefits are not payable to the lien holder or secured party".
• Transfer-on-death deed. Maryland has no transfer-on-death deed statute for real property; none was found in the Real Property article and no source publishing one is cited here. Maryland does have the uniform transfer-on-death security registration provisions at Md. Code, Est. & Trusts Title 16: §16-101(b) defines "beneficiary form" as a registration indicating the present owner and the person who will become the owner on the owner’s death, and §16-108(a)(1) provides that a registering entity "is not required to offer or to accept a request for security registration in beneficiary form", so the designation depends on the entity agreeing to it. §16-108(b) provides that by accepting such a request the registering entity agrees the registration will be implemented on the death of the deceased owner.
• A funded living trust. Assets in a properly funded revocable living trust skip probate entirely. The successor trustee distributes them privately, usually in a month or two.
• Beneficiary designations and joint ownership. Life insurance, retirement accounts, payable-on-death (POD) accounts, and jointly held property pass directly to the named person and never enter probate.
• Family member as executor. When a relative serves as executor, they can often waive the commission — meaningfully cutting the total bill.

Whether representation is required in Maryland

Maryland does not require an estate to be represented by counsel in every proceeding; the court’s self-help materials set out where a personal representative may file without an attorney. Full probate carries formal filing requirements and statutory deadlines, and estates qualifying for a small-estate or summary procedure follow a shorter track with lower filing costs. Legal document preparers operate in some states at a flat fee, subject to state rules on unauthorised practice.

What the record shows

Probate cost in Maryland is the sum of separately-set components: statutory or court-approved attorney fees, executor commissions, court filing fees, and appraisal costs. Each is documented above with its citation.

Assets that pass outside probate — by beneficiary designation, joint ownership with survivorship, transfer-on-death instrument, or a funded living trust — are not part of the estate these fees are calculated on. Maryland’s small-estate threshold, above, determines which estates can use the simplified procedure.

Frequently asked questions about probate cost in Maryland

How much does probate cost in Maryland?

Md. Code, Est. & Trusts §7-601(b)(2) caps the personal-representative commission the court may allow at 9% of the first $20,000 of the property subject to administration plus 3.6% of the excess over $20,000, unless the will provides a larger measure (§7-601(b)(1)). The Register of Wills charges a probate fee that scales with the value of the probate estate, from $0 under $50,000 up to $10,000 plus 0.02% of the excess over $10 million (§2-206(b)(2)). Maryland has both an estate tax and an inheritance tax. Md. Code, Tax-Gen. §7-309(b)(3)(i)6 caps the unified credit used to determine the Maryland estate tax at the credit corresponding to an applicable exclusion amount of $5,000,000 for a decedent dying on or after 1 January 2019, "plus any deceased spousal unused exclusion amount calculated in accordance with paragraph (9) of this subsection". §7-204(b) sets the inheritance tax rate at 10% of the clear value of the property that passes from a decedent, which §7-204(a) defines as fair market value minus expenses. §7-203(b)(2) exempts property passing to the decedent’s grandparent, parent, spouse, child or lineal descendant of a child, the spouse of a child or of a lineal descendant of a child, the surviving spouse of a deceased child or deceased lineal descendant of a child, and the decedent’s brother or sister. We found no published source for what probate costs in total in Maryland as of September 2026.

What is the small-estate limit in Maryland?

Md. Code, Est. & Trusts §5-601(a) allows small-estate administration under §§5-602 through 5-607 where the property of the decedent subject to administration in Maryland "is established to have a value of $50,000 or less as of the date of the death". §5-601(b) allows an estate already in administration to move to that procedure on the same $50,000 test, and §5-601(c) raises the figure to $100,000 where "the surviving spouse is the sole legatee or heir" — both of those only if the change is made "before the filing of an initial account". §5-601(d) fixes the valuation basis: value is "the fair market value of property less debts of record secured by the property, as of the date of death, to the extent that insurance benefits are not payable to the lien holder or secured party".

Who pays the probate costs in Maryland?

The estate does. Attorney fees, the executor’s commission, court filing fees, and any appraisal costs are all paid out of the estate’s assets before anything is distributed to the beneficiaries — so in practice the heirs bear the cost through a smaller inheritance rather than paying out of pocket.

Can you avoid probate costs in Maryland?

Maryland probate carries three documented costs: a personal representative's commission that Md. Code, Est. & Trusts §7-601(b)(2) caps by a table on the value of the property subject to administration — 9% up to $20,000, then $1,800 plus 3.6% of the excess — with the court free under §7-601(b)(1) to allow less and §7-601(c) allowing an appeal to the circuit court within 30 days that may not exceed the table; a Register of Wills fee that scales with estate value under §2-206(b)(2); and a possible 10% inheritance tax on clear value under §7-204(b), from which §7-203(b)(2) exempts a grandparent, parent, spouse, child or lineal descendant of a child, the spouse of a child or of a lineal descendant, the surviving spouse of a deceased child or lineal descendant, and a brother or sister. Maryland has no statutory transfer-on-death deed for real estate. A revocable living trust operates on the assets retitled into it. One tax note: the 10% inheritance tax on beneficiaries outside the §7-203(b)(2) list applies whether or not the asset passes through probate, so a revocable trust avoids probate but does NOT avoid the inheritance tax.

How long does probate take in Maryland?

We found no published source for how long probate takes in Maryland as of September 2026. No Maryland court publishes case-duration data, and the ranges that circulate come from law firms and from sites paid to refer customers to them, so none is cited here. The statutory floor is the creditor period: A claim is forever barred against the estate, the personal representative, and the heirs and legatees unless presented within the EARLIER of six months after the date of the decedent's death, or two months after the personal representative mails or otherwise delivers the creditor a notice in the form required by Md. Code, Est. & Trusts §7-103 (§8-103(a)). The mailed notice shortens the period rather than extending it: the six-month death clock is the outer limit either way. Particular claims run separately — a claim based on the conduct of or a contract with the personal representative is barred unless an action is commenced within six months after the claim arose (§8-103(c)), and a Maryland Department of Health Medical Assistance recovery claim runs from publication of notice of the first appointment rather than from death (§8-103(f)). Nothing in the section affects enforcement of a mortgage, pledge, judgment or other lien or security interest on estate property (§8-103(d)), or an action for injury or property damage against a decedent who had been duly served with process before death (§8-103(e)). The deadlines that run alongside it: How Long Does Probate Take in Maryland?.

Related reading

• What Is Probate and How Does It Work? — the full plain-English explanation of how probate works in the US.

• How to Avoid Probate in Maryland — the state-specific avoidance playbook.

• Executor Deadlines in Maryland — the statutory dates the executor works to, quoted from Md. Code, Est. & Trusts §8-103(a).

• How Long Does Probate Take in Maryland? — the companion timeline guide for Maryland.

• Will vs. Trust: How They Differ — the documented differences between the two instruments.

• Estate Planning Checklist: Everything in One Place — the documents and decisions that determine what passes through probate.

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This page explains Maryland probate costs in general terms as of 2026. It is not legal advice, and fee schedules, thresholds, and court costs change and depend on your specific situation. Confirm current figures with the Maryland courts or a licensed Maryland attorney. Sources: Md. Code, Est. & Trusts §7-601 (PR commission cap), Md. Code, Est. & Trusts §7-602 (attorney compensation), Md. Code, Est. & Trusts §2-206 (Register of Wills fees), Md. Code, Est. & Trusts §5-601 (small estates), Md. Code, Est. & Trusts §8-103 (creditor claims), Md. Code, Tax-Gen. §7-204 (inheritance tax).