Maryland Resources for Executors

If you die without a will in Maryland, your heirs must survive you by at least 720 hoursMd. Code, Est. & Trusts § 3-110(a)Verified Sep 10, 2026View source to inherit anything. This "survival period" exists to prevent property from passing through multiple estates in quick succession when family members die close together in time, such as in an accident.

Unlike states with formal independent administration statutes (such as California and Texas), Maryland doesn't offer a simplified procedure for executors to petition for reduced court oversight. However, executors typically have statutory authority to manage routine estate matters. For families looking to avoid probate court involvement entirely, a revocable living trust remains the most reliable option.

Maryland is one of a handful of states that impose both an estate tax and an inheritance tax. The estate tax applies to estates exceeding $5,000,000Md. Tax-Gen. § 7-309Verified Sep 15, 2026View source, with rates up to 16%Md. Tax-Gen. § 7-309Verified Sep 15, 2026View source. The inheritance tax is paid by each beneficiary based on their relationship to the deceased and the amount inherited. This double layer of taxation makes probate avoidance and lifetime gifting strategies particularly relevant here.

Maryland does not have a constitutional homestead exemption, which means the family home has limited protection from creditors compared to states like Texas or Florida. Executors must publish a notice to creditors, who then have 6 monthsMd. Est. & Trusts § 8-103Verified Sep 8, 2026View source to file claims against the estate. Known creditors must also receive direct written notice.