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. 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.

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. Maryland is unusual in capping the PR commission by a statutory percentage while leaving attorney fees to court-reviewed reasonableness.

Court filing fees

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.

Appraisal / probate referee

How long probate takes in Maryland

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. Contested estates, missing heirs, or real estate sales can extend that.

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. 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. 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.
• 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.
• 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.

Do you need a lawyer?

For most Maryland estates that go through full probate, yes — the court process has formal requirements and missed deadlines can cost more than the legal fees they were meant to avoid. For genuinely simple estates, or where a small-estate procedure applies, many families handle it themselves or use a legal document preparer for a flat fee.

The honest takeaway

The cheapest probate cost is the one you avoid in advance — by titling assets correctly, keeping beneficiary designations current, and, where it makes sense, using a living trust. If your estate is likely to exceed Maryland’s small-estate thresholds, it’s worth talking to a licensed Maryland estate attorney while you still have the option to plan.

Frequently asked questions about probate cost in Maryland

How much does probate cost in Maryland?

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.

What is the small-estate limit in Maryland?

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.

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?

Often, yes. Maryland's probate is comparatively expensive — a capped-but-real PR commission, a Register of Wills fee that scales with estate value, and the possibility of a 10% inheritance tax — so probate avoidance has more dollar value here than in many states. Because Maryland has no TOD deed for real estate, a funded revocable living trust is usually the cleanest tool for a home, and one tax note matters: the 10% inheritance tax on non-close beneficiaries 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?

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. For the full breakdown of what speeds it up or slows it down, see 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.

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

• Will vs. Trust: Which Do You Need? — for Maryland residents weighing whether a trust is worth it.

• Estate Planning Checklist: Everything in One Place — the documents and decisions that make probate easier (or unnecessary).

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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).