What Are the Burial and Cremation Laws in Maryland?
Maryland allows you to name your own agent in a signed, written documentMd. Code, Health-General Art. § 5-509(a)Verified Jul 13, 2026View source, and that designation takes priority over the statutory order of next of kin who otherwise control disposition of the remains.
Burial on private property is permittedMd. Code, Health-General Art. § 4-212Verified Jul 13, 2026View source in Maryland. Home burial is permitted: § 5-514(a)(1) expressly allows disposition "In a family burial plot or other area allowed by a local ordinance." Any private-land burial outside a family burial plot depends on the local ordinance, so county zoning and health-department requirements control siting. A burial-transit permit is still required before final disposition (§ 4-215), and burying or disposing of a body outside the § 5-514(a) options is a misdemeanor (§ 5-514(e)).
Maryland imposes a 12-hour minimum waiting periodMd. Code, Health-General Art. § 5-502Verified Jul 13, 2026View source before cremation. Next of kin, person authorized under §§ 5-508 through 5-512, or medical examiner must identify the body and authorize cremation (§ 5-502). Cremation authorization form must be signed by the authorizing agent (COMAR 09.34.08.07).
Maryland sets a statutory order for who controls the disposition of remains: surviving spouse or domestic partner of the decedent, then an adult child of the decedent, then a parent of the decedentMd. Code, Health-General Art. § 5-509(c)Verified Jul 13, 2026View source. The state allows you to name your own agent in a signed, written documentMd. Code, Health-General Art. § 5-509(a)Verified Jul 13, 2026View source, and that designation takes priority over the default order. Those wishes can be recorded alongside the rest of an estate plan when you create a revocable living trust.
Embalming is not required by lawMd. Code, Health-General Art. § 4-212Verified Jul 13, 2026View source in Maryland. No state law requires embalming. § 5-513 provides that a body may not be embalmed without express permission of the person authorized to arrange final disposition. If the unembalmed body is stored for more than 48 hours before final disposition, refrigeration is required at a temperature determined by regulation.
In Maryland, a licensed funeral director is not required — a family may legally direct the disposition itselfMd. Code, Health-General Art. § 4-201Verified Jul 13, 2026View source. Maryland does not require a licensed funeral director to handle the entire disposition. "Mortician" is defined broadly to include "other person who is authorized to make final disposition of a body" (§ 4-201), and "practice mortuary science" requires a license only when performed for compensation (§ 7-101; § 7-301 bars unlicensed practice of mortuary science). Embalming is never required (§ 5-513).
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Learn moreForms for Planning and Settling an Estate in Maryland
Free Maryland forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.
Petition for Probate and Letters
In Maryland, the petition asks the Register of Wills to appoint the personal representative, whose authority is proved by Letters of Administration; an informal (registrar) track is availableMd. Est. & Trusts § 5-301 et seq. (administrative probate; Register of Wills appointment)Verified Sep 8, 2026View source.
Notice to Creditors
In Maryland, the notice to creditors is published for 3Md. Code, Est. & Trusts §§ 7-103, 7-103.1, 8-103, 8-104, 8-105, 8-107Verified Sep 15, 2026View source weeks in a local newspaper, and creditors have 6 monthsMd. Est. & Trusts § 8-103Verified Sep 8, 2026View source from the date of death to present claims.
Renunciation of Executor
In Maryland, a person named as personal representative may renounce the right to serveMd. Code, Est. & Trusts § 5-105(c)Verified Sep 23, 2026View source before anyone is appointed.
Estate Inventory
In Maryland, the personal representative files the estate inventory within 90 daysET §§ 7-201, 7-202, 7-203Verified Sep 15, 2026View source of appointment.
Estate Closing
In Maryland, the personal representative is discharged by court orderMd. Est. & Trusts §§ 7-501, 7-502, 6-303Verified Sep 15, 2026View source, and a final accounting is required.
Letter of Instruction
Prepare the letter a bank or insurer requests during estate settlement, addressed to its claims department.
Last Will and Testament
In Maryland, a will is signed before 2Md. Est. & Trusts § 4-102Verified Sep 16, 2026View source witnesses, and it is self-proved when properly executedMd. Est. & Trusts § 4-102Verified Sep 16, 2026View source.
Healthcare Power of Attorney
Maryland requires 2Md. Health-General Code Ann. § 5-603Verified Oct 15, 2026View source witnesses for a healthcare power of attorney; notarization is not requiredMd. Health-General Code Ann. § 5-603Verified Oct 15, 2026View source.
Tools for Planning and Settling an Estate in Maryland
Free calculators and checklists for planning or settling an estate in Maryland: will and trust costs, probate, executor pay, and inheritance taxes.
How Much Does Probate Cost?
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. Attorney fees run 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 under a reasonable-compensation standard.
Who Inherits Without a Will?
Without a will in Maryland, descendants divide what passes to them per stirpesMd. Code, Est. & Trusts § 3-103Verified Sep 10, 2026View source, and an heir must survive the decedent by 720 hoursMd. Code, Est. & Trusts § 3-110(a)Verified Sep 10, 2026View source to inherit.
How Much Are Estate & Inheritance Taxes?
Maryland levies an estate taxMd. Tax-Gen. § 7-309Verified Sep 15, 2026View source above $5,000,000Md. Tax-Gen. § 7-309Verified Sep 15, 2026View source (top rate 16%Md. Tax-Gen. § 7-309Verified Sep 15, 2026View source) and an inheritance taxMd. Tax-Gen. §§ 7-202, 7-203, 7-204Verified Sep 15, 2026View source on beneficiaries; the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
In Maryland, an inheritance is subject to a state inheritance taxMd. Tax-Gen. §§ 7-202, 7-203, 7-204Verified Sep 15, 2026View source at a rate set by the beneficiary's relationship; probate assets arrive when the estate closes, 6 months to 9 months for a simple estate.
How Does Step-Up in Basis Work?
Inherited assets in Maryland take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces 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.
What Are the Estate Laws in My State?
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.
When Do I Have to Withdraw an Inherited IRA?
See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.
How Much Can an Executor Charge?
Maryland sets executor compensation by statute — about $19,080 on a $500,000 estate, roughly 3.8%Md. Est. & Trusts § 7-601Verified Sep 8, 2026View source.
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Maryland Estate Planning Resources
In-depth guides covering Maryland probate laws, trust requirements, and estate planning strategies.