Probate Attorney Fees in Maryland

What probate lawyers charge in Maryland — the separate § 7-602 fair-and-reasonable standard, typical costs, and how the court caps combined fees.

Editorial Team

Quick answer: Maryland attorney fees are not tied to the personal representative commission table. Under Est. & Trusts § 7-602 they must be fair and reasonable, subject to court review. Routine estates commonly cost $2,000–$8,000; complex or contested estates can exceed $15,000.

How Maryland probate attorneys bill

A separate, open-ended standard

This is a key Maryland point: the personal representative's commission is capped by the § 7-601 table, but the attorney's fee sits under the separate § 7-602 "fair and reasonable in light of all the circumstances" standard. The two are not the same, and the attorney fee is not a fixed percentage. Hourly rates run about $250–$500.

The combined-fee cap

Maryland courts also cap the combined total of commission and attorney fees to what is reasonable for the whole administration — so they don't simply add without limit. A court can reduce either to keep the total fair (a principle from long-standing Maryland case law).

The standard (§ 7-602): attorney compensation for the estate must be fair and reasonable in light of all the circumstances; the Register of Wills or Orphans' Court reviews it, and combined fees are capped at a reasonable total.

Do you need an attorney?

Maryland does not strictly require one for a small estate, but full administration — and especially estate-tax or inheritance-tax filings — is far easier with counsel. Consider one when:

  • The estate is large or includes real property or a business.
  • The estate is above the $5M estate-tax exemption, or has non-close-relative heirs (10% inheritance tax).
  • Heirs disagree, or the will may be contested.

How to keep Maryland probate attorney fees down

  • Qualify for small estate administration ($50,000, or $100,000 spouse/child).
  • Ask for a flat fee for a routine estate, in writing.
  • Organize the inventory and tax documents before meeting the attorney.
  • Plan with a trust — avoids probate entirely.

Attorney fees are only one piece. See the full picture in the Maryland probate cost breakdown, or estimate your total with the Maryland probate cost calculator.

Maryland probate attorney fees — frequently asked questions

How much does a probate lawyer cost in Maryland?

Maryland attorney fees are not tied to the personal representative commission table. Under Est. & Trusts § 7-602 they must be fair and reasonable in light of all the circumstances, subject to court review. Routine estates commonly cost $2,000 to $8,000; complex or contested estates can exceed $15,000. Hourly rates run about $250 to $500.

Do attorney and executor fees stack in Maryland?

They are separate — the PR commission under § 7-601 and the attorney fee under § 7-602 — but the court caps the combined total to what is reasonable for the whole administration. So they do not simply add without limit; a court can reduce either to keep the total fair.

What is the hourly rate for a probate attorney in Maryland?

Commonly $250 to $500 per hour, though rates vary by experience and market. Many attorneys quote a flat fee for a routine, uncontested estate instead of billing hourly.

Can I negotiate a flat fee with a Maryland probate attorney?

Often yes for a routine, uncontested estate. Ask for a flat fee in writing before work begins, since Maryland uses a fair-and-reasonable standard rather than a fixed percentage.

Does Maryland require an attorney for probate?

Not strictly for a small estate, but full administration — and especially estate-tax or inheritance-tax filings — is far easier with counsel, particularly for estates above the $5 million estate-tax exemption or with non-close-relative heirs.

Facing probate in Maryland?

A local probate attorney can review your estate — many offer a free consultation.

Talk to a Maryland attorney

Estimate for general guidance only, not legal advice. Maryland attorney fees follow the § 7-602 fair-and-reasonable standard and are court-reviewed, separate from the PR commission cap in § 7-601. Actual fees depend on the estate. Confirm with a licensed Maryland attorney.