Maryland Probate Real Estate Sale Calculator

Selling without going back to court

The default rule: under Md. Code, Estates and Trusts §7-401, once the Register of Wills appoints the personal representative and issues letters, that person can sell estate real property while the estate is open — no court approval needed, unless the will or a court order specifically limits that power.

A capped commission, not an automatic one

The personal representative is entitled only to "reasonable compensation," with the Orphans' Court setting the actual figure up to a statutory ceiling: 9% of the first $20,000, plus 3.6% of everything above that (§7-601(b)(2)). A will provision for a larger fee controls instead, unless renounced. The required attorney's fee is separate, judged by its own "fair and reasonable" standard, with the court capping the combined total.

The broker's commission doesn't eat into that cap

If the personal representative hires a licensed real estate broker to sell the house, that commission is its own administration expense — it isn't deducted from, or counted against, the personal representative's own statutory commission.

No separate capital gains rate — and a county layer too

Maryland taxes any gain as ordinary income at its graduated state brackets, plus the mandatory county piggyback tax every Maryland county levies. See Capital Gains Tax on the Sale for the full breakdown, including nonresident withholding.

Maryland's 23 counties plus Baltimore City

The Register of Wills in the decedent's home county handles the estate — Montgomery County, Baltimore County, Prince George's County, and Baltimore City (an independent city, separate from Baltimore County) among them. The statutory framework applies identically statewide; the county's own piggyback tax rate is what actually varies.

Maryland probate real estate sale — frequently asked questions

Does a Maryland personal representative need court approval to sell the house?

No, not by default. Once the Register of Wills issues letters of administration, the personal representative can sell estate real property while the estate is open, without court approval, unless the will or a court order specifically limits that power (Md. Code, Estates and Trusts §7-401).

How much does a Maryland personal representative get paid for selling the house?

Compensation is capped, not automatic, at 9% of the first $20,000 of the estate plus 3.6% of the excess (Md. Code, Estates and Trusts §7-601(b)(2)) — the Orphans' Court sets the actual, reasonable amount up to that ceiling, and a will provision for a larger fee controls instead.

Do I owe Maryland state tax on the gain from selling an inherited house?

Maryland has no separate capital gains tax rate — any gain is taxed as ordinary income at Maryland's graduated state brackets (2% to 6.5%) plus the mandatory county piggyback tax (2.25% to 3.3%), on top of federal tax.

Does a real estate broker's commission reduce the personal representative's own fee?

No — if the personal representative hires a licensed real estate broker to sell the property, the broker's commission is a separate administration expense and may not be deducted from the commission the court allows the personal representative.

Does an out-of-state seller face withholding on a Maryland probate sale?

Yes — nonresident individuals, estates, and trusts selling Maryland real property face 8.75% withholding at closing as a prepayment toward the eventual Maryland tax bill, reported on Form MW506NRS, unless an exemption applies.

This calculator provides an estimate for general guidance only and is not legal, tax, or financial advice. Figures are based on Maryland statute (Estates and Trusts §7-401, 7-601) and typical realtor commission rates. Actual costs depend on the will's specific language, the Orphans' Court's own determination, and the county's tax rate. Confirm current figures with the Register of Wills or a licensed Maryland attorney before acting.