How Does Estate Planning Work in Maryland?

Probate on a $500,000 estate in Maryland costs an estimated $33,231 and takes 6 months to 9 months for a simple estate, with attorney fees of typically 2.1% to 3.3% of the estate. Estates under $50,000 can use a small-estate procedure instead.

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 months is the floor. A funded revocable trust avoids probate entirely.

Maryland has adopted the Uniform Trust Code and does not require witnesses for trust execution. Notarization is not required for validity, 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 months; without it, the settlor's creditors have up to 6 months to bring a claim.

A healthcare power of attorney in Maryland requires 2 witnesses to be valid. A financial power of attorney requires 2 witnesses and notarization. A financial power of attorney is durable by default, so it stays in effect if you become incapacitated.

In Maryland, the executor files an inventory of the estate's assets within 90 days 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 spouse; the former spouse stays the named beneficiary until the designation is changed.

Estate Planning in Maryland

Estate planning in Maryland is shaped by remote online notarization and transfer-on-death deeds. The choice between a will and a revocable trust depends on which of those features changes the cost or process for your situation, not on any single rule.

A will goes through probate, with attorney fees of typically 2.1% to 3.3% of the estate. A simple estate typically closes in 6 months to 9 months, and the 6 months creditor-claim window sets the floor. Estates under $50,000 can use the Petition for Administration of Small Estate and avoid full probate administration. Real property counts toward the total in Maryland. Maryland's small estate shortcut is a court procedure: the court's own order authorizes collection. There is no affidavit to present to a bank.

For a revocable trust, Maryland does not require witnesses for trust execution. Notarization isn't required for validity, though banks and title companies typically expect a notarized trust before they'll work with it. Maryland has adopted the Uniform Trust Code, so trust administration follows the same baseline rules used in most states.

Maryland offers transfer-on-death deeds, which move real estate to a named beneficiary at death without probate and remote online notarization for estate documents, so signing can happen over secure video. Combined with beneficiary designations on retirement accounts and payable-on-death registrations, these can move significant value outside probate without setting up a trust.

SimplyTrust Editorial·Updated October 17, 2026

Legal Sources

Show 6 more sources

Data sourced from Maryland statutes and official state code. How we research.

Is this your situation?

Get a complete guide for your specific circumstances.

New Baby or Adoption

Your family is growing. Your protection should too. Guardian nominations, trusts for minors, beneficiary updates, and the documents new parents need in place.

Learn more