How Does Estate Planning Work in Maryland?

Probate on a $500,000 estate in Maryland costs an estimated $33,231Md. Est. & Trusts § 7-602 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source and takes 6 months to 9 months for a simple estate, with attorney fees of typically 2.1%Md. Est. & Trusts § 7-602 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source to 3.3%Md. Est. & Trusts § 7-602 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate. Estates under $50,000Md. Est. & Trusts § 5-601Verified Sep 8, 2026View source can use a small-estate procedure instead.

Frequently Asked Questions

A simple estate in Maryland typically takes 6 months to 9 months through probate, and an average estate 9 months to 12 months; a contested one runs longer. The creditor claim period of 6 monthsMd. Est. & Trusts § 8-103Verified Sep 8, 2026View source is the floor. A funded revocable trust avoids probate entirely.

Maryland has adopted the Uniform Trust CodeMd. Code Est. & Trusts § 14.5-101 et seq.Verified Jul 15, 2026View source and does not require witnesses for trust executionMd. Code Est. & Trusts § 14.5-101 et seq.Verified Jul 15, 2026View source. Notarization is not required for validityMd. Code Est. & Trusts § 14.5-101 et seq.Verified Jul 15, 2026View source, though many financial institutions require notarized trust documents. The successor trustee can publish Maryland's optional creditor notice to shorten the claim window to 6 monthsMd. Code Est. & Trusts § 14.5-508(b) (optional trustee publication once a week for 3 successive weeks; 6-month bar from first publication; permissive "may"); § 14.5-508(a) (deceased-settlor revocable-trust property subject to settlor creditor claims). § 8-103 (6-mo / 2-mo probate presentment bar) and § 7-103 (register publication) impose duties on the personal representative, not the trustee — they are not a trust-specific procedure. Verified 2026-06-19.Verified Jul 15, 2026View source; without it, the settlor's creditors have up to 6 monthsMd. Code Est. & Trusts § 14.5-508(b) (optional trustee publication once a week for 3 successive weeks; 6-month bar from first publication; permissive "may"); § 14.5-508(a) (deceased-settlor revocable-trust property subject to settlor creditor claims). § 8-103 (6-mo / 2-mo probate presentment bar) and § 7-103 (register publication) impose duties on the personal representative, not the trustee — they are not a trust-specific procedure. Verified 2026-06-19.Verified Jul 15, 2026View source to bring a claim.

A healthcare power of attorney in Maryland requires 2 witnessesMd. Health-General Code Ann. § 5-603Verified Jul 15, 2026View source to be valid. A financial power of attorney requires 2 witnesses and notarizationMd. Code, Est. & Trusts §§ 17-101 to 17-116, §§ 17-201 to 17-204; Md. Code, Real Prop. § 4-107; Md. Code, Gen. Prov. § 1-401Verified Sep 18, 2026View source. A financial power of attorney is durable by default, so it stays in effect if you become incapacitatedMd. Code, Est. & Trusts §§ 17-101 to 17-116, §§ 17-201 to 17-204; Md. Code, Real Prop. § 4-107; Md. Code, Gen. Prov. § 1-401Verified Sep 18, 2026View source.

In Maryland, the executor files an inventory of the estate's assets within 90 daysET §§ 7-201, 7-202, 7-203Verified Sep 15, 2026View source of appointment. A revocable trust skips the court-supervised inventory, so a trustee distributes without filing one.

In Maryland, divorce does not automatically revoke a beneficiary designation that names a former spouseMd. Code, Est. & Trusts § 4-105; § 14.5-604; § 17-112Verified Sep 15, 2026View source; the former spouse stays the named beneficiary until the designation is changed.

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