Maryland Inheritance: Plan an Estate or Settle One

Maryland has not adopted the Uniform Probate Code, has enacted the Uniform Trust CodeMd. Code Est. & Trusts § 14.5-101 et seq.Verified Oct 17, 2026View source, and has not adopted the Uniform Power of Attorney ActMd. 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.

Probate of a simple estate in Maryland runs 6 months to 9 months; an average estate takes 9 months to 12 months. The court filing fee is $0 - $10,000+ (based on estate value)Md. Code, Est. & Trusts § 2-206(b)(2)-(5); § 5-606Verified Sep 8, 2026View source; attorney fees are reasonable compensationMd. Est. & Trusts § 7-602 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source. On a $500,000 estate the estimated total comes to $33,231Md. Est. & Trusts § 7-602 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source. The personal representative must post a bondMd. Est. & Trusts § 6-102Verified Sep 8, 2026View source, which the will may waiveMd. Est. & Trusts § 6-102Verified Sep 8, 2026View source. Informal, unsupervised probate is availableMd. Est. & Trusts § 5-301 et seq. (administrative probate; Register of Wills appointment)Verified Sep 8, 2026View source for uncontested estates.

Certified death certificates come from the Maryland Department of Health - Division of Vital RecordsMaryland Department of Health - Division of Vital RecordsVerified Oct 15, 2026View source at $10Maryland Department of Health - Division of Vital RecordsVerified Oct 15, 2026View source a copy, $12Maryland Department of Health - Division of Vital RecordsVerified Oct 15, 2026View source for each additional copy ordered with it. Processing time: 6 weeks for mail orders (temporarily increased)Maryland Department of Health - Division of Vital RecordsVerified Oct 15, 2026View source. Once appointed, the personal representative files the estate inventory within 90 daysET §§ 7-201, 7-202, 7-203Verified Sep 15, 2026View source of appointment and publishes the notice to creditors for 3Md. Code, Est. & Trusts §§ 7-103, 7-103.1, 8-103, 8-104, 8-105, 8-107Verified Oct 18, 2026View source consecutive weeks.

A surviving spouse left out of the will can elect to take a statutory share insteadET §§ 3-403, 3-404, 3-406, 3-407Verified Sep 15, 2026View source. The family allowance during administration is capped at $10,000ET § 3-201Verified Oct 11, 2026View source. Property left to a minor under the Uniform Transfers to Minors Act is released at 21 yearsET §§ 13-301, 13-320Verified Sep 15, 2026View source of age. Maryland taxes incomeMd. Tax-Gen. §§ 10-105, 10-217; Ch. 604 (2025 Acts) (HB 352)Verified Sep 20, 2026View source at a top rate of 6.5%Md. Tax-Gen. §§ 10-105, 10-217; Ch. 604 (2025 Acts) (HB 352)Verified Sep 20, 2026View source. An heir's capital gains on inherited assets: ordinary income tax at the state's regular rates, plus a 2% surtax on the whole gain once federal AGI exceeds $350,000Md. Code, Tax-General § 10-105(a) (graduated rates; (a)(3)-(4) 2% net-capital-gain surtax); § 10-101(e), (g) (definitions of "federal adjusted gross income" and "individual"); § 10-102 (imposition)Verified Sep 15, 2026View source.