Probate · MD
Maryland probate: fees and how long it takes
Maryland caps the personal representative’s commission, charges a Register of Wills fee that rises in steps, and bars creditors 6 months after the death.
Rules read on official Maryland pages on · Checked by Radif Partners · How we calculate
- Creditor claim period
- 6 months
- Small-estate limit
- $50,000
- Executor and attorney fees
- Set by statute
- Statutory fees, $500,000 estate
- $20,080
Maryland probate fees have a statutory ceiling rather than a fixed amount: the court may allow the personal representative up to 9% of the first $20,000 of property subject to administration and $1,800 plus 3.6% of the excess, which is $11,880 at most on a $300,000 estate, and it may not let commissions and the lawyer's fees together exceed a fair total charge. The Register of Wills also collects a probate fee that depends on the value of the estate, $200 at that size. The timeline is driven by a short claims bar and long accounting cycles. Creditors lose their claims 6 months after the death, or two months after the personal representative mails them a notice if that comes first, but the first account is not due until nine months after appointment and further accounts follow every six months until the final one. The accounting calendar, more than the claims bar, sets the pace of a Maryland estate. Estates of $50,000 or less, or $100,000 when the spouse takes everything, use small estate proceedings.
Statutory fees and court fee in Maryland
$20,080
4.0% of the estate · at least 12 months before final distribution
| Personal representative commission, maximum (Md. Code, Est. & Trusts § 7-601(b)) | $19,080 |
| Register of Wills probate fee (Md. Code, Est. & Trusts § 2-206(b)(2)) | $1,000 |
| Court filing fee | set by the county |
| Creditor claim period | 6 months |
| Small-estate limit | $50,000 |
Estimate under the Maryland probate statutes. Publication, bond, appraisal, extraordinary services and the estate's own taxes are extra. How this is calculated.
The $500,000 step in the Register of Wills fee
Estates and Trusts § 2-206 does not scale the probate fee smoothly. It sets brackets, and the jump at $500,000 is the sharpest in proportion. Compare two Annapolis estates. At $490,000, the Register of Wills fee is $200 and the maximum commission $18,720. At $510,000, the fee becomes $1,000 while the commission ceiling moves to $19,440. An extra $20,000 of estate value costs $800 more in court fees. The value is the one shown by the administration accounts, so gains realized during the estate count too. Below $50,000 there is no fee at all.
A ceiling for the representative, a ceiling for everyone
Section 7-601 caps the commission, not guarantees it: the court allows what it considers appropriate within the limit, and a will can authorize more. Section 7-602 then adds the rule that sets Maryland apart. When counsel fees are paid too, the court may not approve a combined charge for administering the estate that is more than fair and reasonable, so a personal representative who relies heavily on a lawyer can expect the commission to shrink. Petitions for counsel fees are filed with the Orphans' Court, which in most counties is the probate court.
Counting from death
Like Ohio, Maryland counts the main claims period from the date of death, not from the opening of the estate. A personal representative appointed four months after the death has only two months left on that clock, though mailing a notice to a known creditor can shorten that creditor's time further, to two months from the notice.
Small estates still go through the Register
Maryland offers no out-of-court affidavit. Small estate administration under § 5-601 is a simplified filing with the Register of Wills, open when the Maryland property subject to administration is worth $50,000 or less after secured debts, or $100,000 when the surviving spouse is the sole heir or legatee. The thresholds are not indexed, and the statute as read does not show when they took effect.
Accounts every six months
The nine-month first account, then six-month accounts, set the rhythm: an estate with a house to sell or a tax return pending rolls from one accounting period to the next. North Carolina works with a clerk of court instead.
The Maryland probate rules this calculator applies
| Estate value | Personal representative commission, maximum (Md. Code, Est. & Trusts § 7-601(b)) | Register of Wills probate fee (Md. Code, Est. & Trusts § 2-206(b)(2)) |
|---|---|---|
| $100,000 | $4,680 | $200 |
| $250,000 | $10,080 | $200 |
| $500,000 | $19,080 | $1,000 |
| $1,000,000 | $37,080 | $2,000 |
| $2,000,000 | $73,080 | $2,000 |
Creditor claims. Claims are forever barred unless presented by the earlier of 6 months after the decedent's death or 2 months after the personal representative mails or delivers a notice to the creditor (Md. Code, Est. & Trusts § 8-103(a)). source
Closing the estate. The first account is due within 9 months after appointment and further accounts every 6 months until the final account (Md. Code, Est. & Trusts § 7-305(a)); claims are barred 6 months after death (§ 8-103). source
Small estates. Small estate administration when the Maryland property subject to administration is worth $50,000 or less at death (fair market value less secured debts), or $100,000 or less when the surviving spouse is the sole legatee or heir (Md. Code, Est. & Trusts § 5-601). Not indexed. Maryland uses a simplified court procedure, not an out-of-court affidavit. source
Simplified procedure. Small estate proceedings under Est. & Trusts §§ 5-602 to 5-607 for estates up to $50,000 ($100,000 if the spouse takes all) (§ 5-601). source
Filing fee. Register of Wills probate fee by value of the probate estate: under $50,000 $0; $50,000 to under $100,000 $100; to under $500,000 $200; to under $1,000,000 $1,000; to under $2,500,000 $2,000; to under $5,000,000 $5,000; to under $7,500,000 $7,500; to under $10,000,000 $10,000; $10,000,000 and over $10,000 plus 0.02% of the excess (Md. Code, Est. & Trusts § 2-206(b)(2)). The amount is value-based and is computed from the court-fee schedule in fees/maryland.json (filingFee.amount left null to avoid double counting). source
Personal representative. Reasonable compensation; commissions allowed by the court may not exceed 9% of property subject to administration up to $20,000, or $1,800 plus 3.6% of the excess over $20,000, unless the will provides more (Md. Code, Est. & Trusts § 7-601). source
Attorney. Attorneys receive fair and reasonable compensation allowed by the court, and the court may not allow aggregate compensation (commissions plus counsel fees) above a fair and reasonable total charge for administering the estate (Md. Code, Est. & Trusts § 7-602). source
Personal representative commission, maximum (Md. Code, Est. & Trusts § 7-601(b)). Not over $20,000: 9%; over $20,000: $1,800 plus 3.6% of the excess over $20,000 (Est. & Trusts § 7-601(b)(2)). source
Register of Wills probate fee (Md. Code, Est. & Trusts § 2-206(b)(2)). Court (Register of Wills) fee, not a fiduciary fee: $0 under $50,000; $100 from $50,000; $200 from $100,000; $1,000 from $500,000; $2,000 from $1,000,000; $5,000 from $2,500,000; $7,500 from $5,000,000; $10,000 from $7,500,000; $10,000 plus 0.02% of the excess over $10,000,000 (Est. & Trusts § 2-206(b)(2)). source