How probate costs work in Maryland
Probate in Maryland runs through the Register of Wills and, when needed, the Orphans' Court in the county (or Baltimore City) where the person lived — Montgomery, Prince George's, Baltimore County and City, Anne Arundel, Howard and the state's other jurisdictions. Maryland is unusual on two counts: it caps the personal representative's commission by statute, and it is the only state that charges both an estate tax and an inheritance tax.
1. Personal representative commission — capped by statute
It is a discretionary cap, not an automatic entitlement — the court allows what it considers appropriate up to that ceiling. Family members who are also heirs may renounce it, since it is taxable income while an inheritance generally is not.
2. Attorney fees — separate "fair and reasonable" standard
Attorney compensation falls under a different statute (§ 7-602) and an open-ended "fair and reasonable" standard — it does not share the commission table. Typical routine attorney fees run $2,000–$8,000; the court also caps the combined total of commission and fees to what is reasonable for the whole administration.
3. Register of Wills probate fee
Maryland charges a probate fee that scales with estate value, assessed by the Register of Wills. It ranges from $0 on the smallest estates to several hundred dollars, up to a statutory maximum for large estates. No fee is due on small estates of $50,000 or less (or up to $100,000 with a spouse as sole heir).
4. Maryland estate tax & inheritance tax — the big difference
Maryland is the only state in the country with both. A credit prevents true double taxation. For most families both come to zero — but a large estate, or a bequest to a niece, nephew or friend, can trigger real tax.
5. When probate can be simplified in Maryland
- Small estate administration — for a gross estate of $50,000 or less, rising to $100,000 when the sole heir is the surviving spouse or a child (Est. & Trusts § 5-601).
- Modified administration — a streamlined option when all heirs are inheritance-tax exempt.
A revocable living trust, joint ownership, or beneficiary/POD designations avoid probate — but do not avoid Maryland's estate or inheritance tax, which reach non-probate assets too.
| Cost component | Maryland figure | Source |
|---|---|---|
| PR commission | 9% first $20k + 3.6% excess; ~$19,080 on $500k | § 7-601 |
| Attorney fee | Fair & reasonable; ~$2,000–$8,000 | § 7-602 |
| Register of Wills fee | Scales with estate; $0 under $50k | Register of Wills |
| Small estate limit | $50,000 ($100,000 spouse/child) | § 5-601 |
| Estate tax | Above $5M exemption; up to 16% | Comptroller of MD |
| Inheritance tax | 10% on non-close-relative heirs | Register of Wills |