Is a Living Trust Worth It in Maryland?

Quick answer: a trust tends to be worth it in Maryland once the estate is large enough that the statutory PR commission plus attorney fee clears typical trust setup cost — and it's worth weighing separately for estates that will owe Maryland's inheritance tax. Run your own numbers in the Maryland probate vs living trust calculator before deciding.

The case for a trust in Maryland

The core driver: Est. & Trusts § 7-601 caps the PR commission at 9% of the first $20,000 plus 3.6% of the excess, and the attorney fee under § 7-602 is separate, on top of that. On a $500,000 estate that's roughly $19,080 for the PR commission alone, before a comparable attorney fee. A trust typically costs $1,200–$6,375 once, and properly funded assets skip both fees entirely.

Beyond cost: what else a trust avoids

Privacy — probate is a public court record; a funded trust generally isn't.
The Modified Administration eligibility question — assets in a properly funded trust sidestep probate entirely, so there's no need to secure unanimous heir consent for a faster track that a trust makes unnecessary in the first place.
Ancillary probate — out-of-state real estate held in a trust avoids a second, separate probate proceeding in that other state.

Where a trust doesn't help: the inheritance tax

It's worth being precise about this: Maryland's 10% inheritance tax generally turns on who inherits an asset, not how it was transferred to them. A trust distribution to a non-exempt heir — a sibling, a friend, a distant relative — can still trigger the inheritance tax the same way a probate distribution would. A trust's real value in Maryland is on the probate-cost, delay, and privacy side, not as an inheritance-tax workaround.

When a trust adds less value

Maryland's small estate process already offers a simplified path for estates of $50,000 or less (or up to $100,000 when the sole heir is a surviving spouse or child), with no Register of Wills probate fee. For estates that size, a trust adds setup cost without much additional benefit — the small estate route is already close to as simple as it gets.

A quick framework

Estimate your probate-side cost with the calculator.
Compare that to a realistic Maryland trust quote (see trust setup cost).
Check whether Maryland's estate or inheritance tax will apply, and to whom — a trust won't remove the inheritance tax for non-exempt heirs.
If you proceed, fund it correctly — see funding mistakes. An unfunded trust delivers none of these benefits.

Facing probate in Maryland?

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

Talk to a Maryland attorney

Is it worth it — frequently asked questions

At what estate value does a Maryland trust pay for itself?

Often around the mid-hundred-thousands, since the 9% first-tier PR commission under Est. & Trusts § 7-601 plus a comparable attorney fee can already exceed typical Maryland trust setup costs well before the estate reaches $500,000.

Does a Maryland trust help with the inheritance tax?

Not directly. Maryland's 10% inheritance tax generally turns on who inherits, not how the asset passed — a trust mainly helps with probate cost, delay, and privacy, not with escaping the inheritance tax itself for non-exempt heirs.

Is a Maryland trust worth it for a small estate?

Often not by itself. Maryland's small estate process for estates of $50,000 or less (or $100,000 with a spouse or child as sole heir) already offers a simplified path with no Register of Wills probate fee — a trust adds setup cost without much additional benefit at that size.

What non-cost reasons favor a Maryland trust?

Privacy (probate is a public court record), sidestepping the Modified Administration eligibility question entirely, and smoother handling for out-of-state real estate, which would otherwise need ancillary probate in each additional state.

Estimate for general guidance only, not legal advice. Based on Est. & Trusts § 5-601, 7-601, 7-602. Whether a trust is worth it depends on your full financial and family picture, including who your heirs are. Consult a licensed Maryland estate planning attorney.