Maryland Probate
Cost Calculator

Maryland probate fees are set by statute under MD Est. & Trusts § 7-601 — the executor fee and probate attorney fee are fixed percentages of the gross probate estate, calculated on gross value before deducting mortgages or debts.

The statutory fee schedule: MD Est. & Trusts § 7-601: 9% on first $20K, 3.6% on excess above $20K.

A $500,000 home with a $300,000 mortgage contributes the full $500,000 to the fee base. Use the Maryland probate calculator above for an estate-value breakdown of probate court fees, executor compensation, and probate attorney fees.

Maryland probate court oversees these matters across 24 counties, and local probate court fee schedules may add supplemental filing requirements on top of the statutory probate fee schedule.

Typical probate timeline in Maryland: 6-12 months. Estates with real property in multiple jurisdictions, contested claims, or complex tax situations frequently exceed this range.

Estates valued below $50,000 can use Maryland's small estate affidavit to bypass formal probate entirely — no court supervision, no statutory fees.

Maryland probate is governed by the Maryland Code Estates and Trusts Article (Md. Code, Est.

& Trusts § 1-101 et seq.) and administered through Orphans' Courts (a specialized probate court) in 22 of Maryland's 24 jurisdictions. Baltimore City, Montgomery County, and Prince George's County have Orphans' Courts handling the most cases; Frederick and Harford Counties use Circuit Courts.

Executor fees in Maryland follow a unique formula: 9% of estate income plus 3.6% of the principal value (declining schedule). Maryland imposes a state estate tax with a $5 million exemption and an inheritance tax of 10% for non-exempt beneficiaries.

Maryland's dual tax regime — both estate and inheritance tax — means total settlement costs in Maryland require careful modeling of both tracks.

Maryland probate court fees include the statutory probate fee, court filing fees, and personal representative compensation. Below is how each component is calculated for Maryland estates filed in probate court.

Maryland's probate fee framework: statutory commissions: up to 9% on first $20,000, then scaled tiers.

Executor compensation in Maryland: mD Est. & Trusts § 7-601: 9% on first $20K, 3.6% on excess above $20K.

Because the percentages are fixed by statute, the primary variable in a probate fee estimate is the estate valuation itself.

The governing authority is [MD Est. & Trusts § 7-601](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=get).

This online probate calculator applies these rules automatically so probate fee estimates match current statutory requirements.

Maryland probate fees follow MD Est. & Trusts § 7-601's commission schedule: 9% on the first $20,000 of estate value plus 3.6% on the excess above $20,000 — the personal representative is entitled to this statutory commission unless the will provides otherwise.

Maryland probate court fees are paid to the Register of Wills in the county of administration and include a graduated filing fee based on estate value. Maryland probate attorney fees follow a reasonableness standard, with court approval required for fees exceeding statutory commission levels.

Maryland's dual-tax regime (state estate tax with a $5 million exemption plus a 10% inheritance tax on non-exempt beneficiaries) means Maryland total settlement costs require modeling both probate fees and the applicable estate or inheritance tax exposure.

When you run our Maryland probate calculator, the result breaks down into several components. The largest portion is typically the statutory fee — Maryland law sets personal representative and attorney compensation as a percentage of the gross probate estate.

"Gross" means the full fair market value of probate assets before subtracting debts, mortgages, or liens. This is a common source of surprise: a home worth $500,000 with a $300,000 mortgage contributes $500,000 to the fee calculation, not $200,000.

The second component covers court costs and filing fees, which vary by county. These include the initial petition filing, publication of notice to creditors, and supplemental filings during administration.

The third component accounts for additional expenses like surety bond premiums, real property appraisals, and certified copies. Our calculator itemizes each component so you can see exactly where the costs come from.

If your estimate seems higher than expected, check whether real property is driving the total. In many Maryland estates, the family home represents the largest single asset and can push fees into a higher bracket.

Transferring the home into a revocable trust before death can remove it from probate entirely — often producing the single largest cost reduction. Use our executor fee calculator to see how the personal representative compensation alone breaks down by tier.

Step 1: Determine whether formal probate is required. Maryland allows estates valued below $50,000 to use a small estate affidavit, bypassing formal probate entirely. Verify the total value of probate assets (excluding jointly held property, beneficiary-designated accounts, and trust assets).

If the estate qualifies, you may save thousands in fees and months of processing time.

Step 2: Gather essential documents. Before contacting an attorney or the Maryland probate court, collect: the original will (if one exists), death certificates (order at least 10 certified copies), recent bank and investment statements, real property deeds, vehicle titles, life insurance policies, and any trust documents. Having these ready saves billable time and speeds up the petition filing.

Step 3: Consult a Maryland probate attorney. Most Maryland probate attorneys offer an initial consultation to evaluate the estate and outline the expected process, timeline, and costs. Bring your document inventory and this cost estimate.

Ask about their fee structure, expected timeline, and whether any aspects may require extraordinary services.

Step 4: Open the probate case. The personal representative (or their attorney) files a petition with the Maryland probate court in the county where the decedent lived. This establishes jurisdiction and triggers the statutory creditor notice period.

From this point, the court supervises the estate through inventory, creditor claims, tax filings, and final distribution.

Step 5: Find a qualified probate attorney in Maryland. Your state or county bar association maintains a referral directory of attorneys who specialize in probate and estate administration. Look for attorneys with experience in your specific county court, ask about their fee structure, and confirm whether they handle both testate (with a will) and intestate (without a will) matters.

Maryland probate proceedings are administered across 24 counties, with a typical timeline of 6-12 months. The small estate threshold is $50,000, and a small estate affidavit procedure is available for qualifying estates to bypass formal probate.

County-level filing fees vary between jurisdictions — verify the specific court's fee schedule where the estate will be filed.

Maryland imposes its own estate tax with an exemption of $5,000,000, which must be factored into total cost projections alongside probate fees. For anyone managing an estate in Maryland, getting an accurate fee estimate across 24 counties can be challenging because each jurisdiction sets its own supplemental costs.

This calculator does the work for you — pulling current statutory data and county-level fees into a single estimate. The full text of Maryland's probate statutes is available from the state legislature.

One of the most consequential — and most misunderstood — aspects of Maryland's probate cost structure is the distinction between gross and net estate value. Maryland's statutory fee schedule calculates executor and attorney compensation based on the gross value of probate assets, meaning the full fair market value without deducting mortgages, liens, credit card balances, or other liabilities.

A home appraised at $500,000 with a $400,000 mortgage contributes $500,000 to the fee base, not $100,000.

This gross-value calculation is counterintuitive and can produce fees that seem disproportionate to the estate's actual distributable value. Understanding this distinction early — before the process begins — helps set accurate expectations.

This calculator applies Maryland's gross-estate methodology automatically, preventing the common error of estimating fees on net value.

Common probate assets in Maryland include solely-owned real property, individually-titled bank and brokerage accounts, vehicles titled only in the decedent's name, personal property of significant value, and business interests without transfer-on-death provisions. Common non-probate assets include life insurance proceeds paid to a named beneficiary, retirement accounts with designated beneficiaries, property held in joint tenancy with right of survivorship, and assets in a revocable living trust.

Accurately categorizing each asset is the foundation of any reliable probate cost estimate.

A Maryland probate cost calculator should separate the Maryland probate court filing fee, the executor or personal representative compensation, the probate attorney fee, publication and notice costs, creditor claim handling, real estate transfer expenses, and any tax filings required before the probate court approves final distribution to each beneficiary. The total probate cost in Maryland is rarely a single filing fee — it is the combined probate cost of opening the estate in probate court, administering estate assets, paying debts, and closing the probate proceeding with a final accounting.

Every line item the calculator pulls in is something the probate attorney and executor will pay out of estate funds before the beneficiary distributions are released.

Start the Maryland probate worksheet with the gross probate estate, then remove every asset that passes outside probate court through a living trust, joint tenancy with survivorship, transfer-on-death deed, payable-on-death account, retirement beneficiary designation, or Maryland small estate affidavit. The remaining Maryland probate estate is the base the probate court actually uses for estimating court filing fees, probate attorney fees, executor or personal representative compensation, bond premiums, appraisal fees, and other estate administration costs.

Probate avoidance through a living trust is the most common way Maryland families keep the probate fee schedule from applying to the full estate — assets titled in the living trust never enter probate, so the probate attorney fee and executor fee never attach to them.

For a practical Maryland probate cost estimate, the calculator needs the estate value, the Maryland county where the probate court will hear the case, whether there is a valid will, whether each beneficiary agrees on distribution, whether real property must be sold under probate court supervision, whether a will contest is likely, whether creditor claims are expected, and whether the estate qualifies for Maryland's summary administration path or full formal administration. A will contest, missing heirs, federal estate tax issue, business interest, or multi-county real estate can push the total probate cost far above a routine Maryland probate administration — and a contested will routinely doubles probate attorney fees because the probate court schedules additional hearings before any beneficiary distribution.

In Maryland, a probate lawyer often charges under the statutory percentage schedule (MD Est. & Trusts § 7-601) — the same tiered formula that governs executor compensation.

Some Maryland probate attorneys also offer flat fees for uncontested matters or hourly billing ($250–$450/hr is typical) when work falls outside the statutory schedule. Filing the petition in Maryland probate court still requires court costs on top of the probate lawyer's fee, plus publication, certified copies, and bond premiums when the court requires one.

Maryland's summary administration path covers estates below the $50,000 threshold and usually closes in 30–90 days with no formal accounting. Formal administration is the default for larger estates and runs 6–24 months in Maryland probate court when real estate, beneficiary disputes, will contests, or out-of-state assets are involved.

Every estate settlement passes through the same probate process stages: appointing the executor, inventory, creditor notice, claim resolution, beneficiary distribution, and final accounting — a will contest can pause any one of these stages for months in Maryland.

Probate avoidance saves real money in Maryland. A living trust setup ($1,500–$3,500 with a probate attorney) keeps the estate out of probate court entirely; joint ownership, transfer-on-death deeds, and beneficiary designations on retirement accounts and life insurance move assets directly to each named beneficiary without touching the Maryland probate process.

Estate planning before death is consistently cheaper than estate settlement after death.

Total probate costs in Maryland break down into three primary categories: court filing fees, probate attorney fees, and executor or personal representative compensation. Filing fees in Maryland vary across 24 counties — urban counties often charge $400-$1,200 while rural counties may charge $200-$500.

Personal representative compensation in Maryland follows a statutory percentage schedule under MD Est. & Trusts § 7-601, applied to the gross probate estate.

Probate attorney fees are charged either as a percentage of the estate (in statutory states) or hourly ($200-$500/hr in most Maryland jurisdictions) — use this probate fee calculator above to estimate the combined amount.

Asset-based cost calculation matters because probate fees scale with the value of estate assets that pass through the court. Assets that avoid probate — joint accounts with rights of survivorship, retirement accounts with named beneficiaries, life insurance with designated beneficiaries, transfer-on-death deeds, and property held in a living trust — are not included in the probate fee base.

Estates valued below $50,000 may qualify for Maryland's simplified probate or small estate procedures, which reduce or eliminate court filing fees and probate attorney fees.

Typical probate administration in Maryland runs 6 to 18 months. Estates with contested wills, real estate that must be sold, business valuations, or out-of-state assets routinely extend past 24 months and accumulate additional probate attorney fees, executor compensation, and court costs.

Each beneficiary should review the executor's accounting before final distribution to verify that probate fees, attorney fees, and the executor fee match the work performed and the value of estate assets administered.

Maryland's 24 counties each maintain their own probate court or division, and local filing fees, hearing schedules, and procedural requirements can vary between jurisdictions. While the statutory fee schedule applies uniformly statewide, verify county-specific court costs before estimating total probate expenses.

Even modest differences in filing fees and publication costs accumulate across the multiple filings required in a typical probate matter.

For estates that include real property in more than one Maryland county, ancillary proceedings or certified copies of filings may be required in each jurisdiction. This multiplies both the direct costs (additional filing fees, publication in local newspapers of general circulation) and the administrative burden on the personal representative.

This calculator accounts for multi-county scenarios and incorporates county-level cost data where published.

This probate cost calculator incorporates Maryland-specific fee data at both the state and county level where available. For counties without published fee schedules, the calculator applies statewide defaults and notes where manual verification may be needed — so you always know how confident to be in the estimate.

Maryland's statutory fee schedule covers ordinary administration: inventorying assets, paying creditors, filing tax returns, and distributing the estate.

When administration requires services beyond this scope, Maryland courts may authorize additional compensation for both the executor and attorney.

Common triggers for extraordinary compensation:

• will contests or other estate litigation
• sale of real property during administration
• operation of the decedent's business
• complex tax planning or audit defense
• contested creditor claims requiring negotiation or adjudication

Extraordinary fee petitions must demonstrate that services were outside ordinary administration, necessary to protect the estate, and competently performed — document from the moment the need arises, not at the end.

Beyond professional fees, Maryland estates routinely incur:

• surety bond premiums (required unless the will waives the bond)
• real property appraisals and business valuations
• publication of notice to creditors in local newspapers
• certified copies of court orders for financial institutions and title companies
• accounting and tax preparation fees for estate income and estate tax returns

The most effective way to reduce probate costs in Maryland is to shrink the probate estate itself. Assets held in a revocable living trust, accounts with beneficiary designations, and property in joint tenancy all transfer outside of probate — removing them from the fee base entirely.

For statutory-percentage states like Maryland, every dollar removed from the gross estate directly reduces the personal representative's and attorney's fees.

Transfer-on-death (TOD) and payable-on-death (POD) registrations on bank accounts, brokerage accounts, and vehicle titles are the simplest probate-avoidance tools. They cost nothing to set up, take effect automatically at death, and bypass court entirely.

Every financial institution that holds estate assets should be checked for beneficiary designation options.

Small estate procedures offer another path. If the total probate estate falls below $50,000 in Maryland, the small estate affidavit process eliminates court filing fees, personal representative fees, and attorney fees entirely.

Even estates slightly above the threshold can sometimes qualify by moving one or two assets out of probate through beneficiary designations or TOD registrations.

Negotiating attorney fees is possible in Maryland for services beyond the statutory schedule — while base statutory fees are fixed, attorney engagement for ancillary work is negotiable. The personal representative can also waive personal compensation, which reduces total estate administration costs by eliminating one of the two major fee categories.

Independent administration, where Maryland law allows it, minimizes court involvement after the initial appointment order. Fewer court hearings mean lower filing fees, less attorney time, and a faster timeline — all of which reduce total probate costs.

Check whether the will grants independent authority or whether all beneficiaries can consent to this streamlined approach.

This free probate cost calculator covers Maryland statutory fee tiers, county-level filing fees across all 24 counties, and current small estate thresholds — updated as the legislature changes them. No account required, no limits on basic calculations, and results are available instantly.

Whether you're an executor trying to understand what probate will cost, a family member planning next steps, or simply researching Maryland probate law, this calculator gives you a clear, verified estimate in minutes. Select your county above for local filing fees and court details, or use the calculator to compare costs across multiple states if the estate includes out-of-state assets.

After running your estimate, check the probate timeline and estate tax calculator for a complete picture of what to expect.