Maryland Probate: How to Settle an Estate in Maryland
A Guide for Executors and Administrators
If you’re administering an estate in Maryland, this guide outlines the Maryland probate process, court procedures, inheritance and estate tax rules, and responsibilities of personal representatives.
Executorium also maintains a County-Specific Resource Hub where you can find links, information, resources and contact information for county-specific agencies and departments relevant to probate, will and estate administration.
Access the County-specific resource hubs by using the table linked at the end of this guide.
How an Executor or Administrator Is Appointed in Maryland
Probate begins when a petition is filed with the Orphans’ Court and the Register of Wills in the county where the decedent lived. If a valid will exists, the court typically appoints the named executor. Otherwise, an administrator is appointed under Maryland intestate succession laws.
Duties of an Executor Under Maryland Probate Laws
Under Maryland probate laws (Maryland Estates and Trusts Code, Title 5), executors must:
- File the will and petition for probate
- Notify interested parties and creditors
- Inventory and appraise estate assets
- Pay valid debts and applicable estate taxes in Maryland
- File final accounting and distribute the estate
Maryland Probate Process and Timeline
The Maryland probate process typically includes:
- Petition for probate and appointment of personal representative
- Notifying creditors and publishing notices
- Filing an inventory and information report
- Paying taxes and claims
- Submitting a final account and distributing remaining assets
Most estates are settled within 9–12 months. Use our County-Specific Resource Hub to find local filing procedures.
Overview of Maryland Estate Laws and Probate Code
Maryland estate laws are codified in the Maryland Estates and Trusts Code. The Orphans’ Court and the Register of Wills handle probate administration.
Wills and Probate Court Maryland: Jurisdiction and Filing
The probate court Maryland process is handled by the Orphans’ Court in each county. The Register of Wills processes estate filings. Forms, timelines, and procedures vary by jurisdiction. Refer to the County-Specific Resource Hub for local details.
Estate Taxes in Maryland and Inheritance Tax Maryland
Maryland imposes both an estate tax and an inheritance tax. The estate tax applies to estates over $5 million (2023 exemption). The inheritance tax (10%) applies to property passing to certain beneficiaries, including nieces, nephews, and friends. Immediate family members are exempt. Visit the Maryland Comptroller’s Office for more information.
Maryland Small Estate Affidavit and Simplified Probate
The Maryland small estate affidavit process may be used if the estate is valued at:
- $50,000 or less (or $100,000 if the spouse is the sole heir)
- All property is located in Maryland
- No prior formal probate proceeding has been opened
Intestate Succession Maryland and Heirship
Without a will, Maryland intestate succession laws apply. The spouse and children are prioritized. If none, the estate passes to parents, siblings, and other relatives. See Maryland Code, Estates and Trusts §3-101 through §3-104 for inheritance rules.
Trust Administration and Maryland Trust Laws
Maryland trust laws allow the use of revocable living trusts to avoid probate. These are governed by the Maryland Trust Act, which follows the Uniform Trust Code. Assets in trust pass privately and are managed by a successor trustee.
Documents Needed for Maryland Probate Records
- Death certificate
- Original will and/or trust documents
- Petition for probate
- Inventory and appraisals
- Information report
- Final account and distribution schedule
Filing Maryland Probate Records Online and In Court
File Maryland probate records with the Register of Wills. Some jurisdictions offer online filing. Refer to the County-Specific Resource Hub for court-specific forms and filing links.
Property Distribution and Maryland Probate Attorney Help
Executors must distribute assets based on the will or Maryland intestacy laws. A Maryland probate attorney can assist with legal filings, tax returns, and disputes.
It is often required that the executor create a Lists of Heirs and an Inventory of Assets, this can help with the asset distribution process. A video walkthrough is also a valuable tool for the executor in managing the estate property and distribution process.
Executorium maintains a free directory of estate service providers in your state including probate attorneys. Visit the free to access Estate Services Directory for probate and estate service provider listings in your area.
Resolving Disputes: Wills and Probate in Maryland
Disputes such as will contests, fiduciary conduct, or creditor claims are handled by the Orphans’ Court. Mediation or litigation may be required in contested matters.
Summary & Linked Resources
- Maryland Estates and Trusts Code
- Maryland Estate and Inheritance Tax Resources
- Executorium County-Specific Resource Hub
Maryland Wills and Probate County Resource Hubs
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Disclaimer
The information on this page is general in nature and was accurate at the time of publishing. While we strive to keep this content up to date, we make no guarantees regarding its current accuracy or applicability to specific estate situations.
Executors should seek legal guidance from a Maryland probate attorney or estate professional for expert assistance. Visit our Estate Services Directory for free access to listings for Maryland probate and estate services.