Do I Need a Trust in Maryland?
Probate in Maryland takes 6 months to 9 months for a simple estate and charges 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; assets held in a revocable trust skip both.
It depends on your estate size. In Maryland, estates valued at $50,000Md. Est. & Trusts § 5-601Verified Sep 8, 2026View source or less qualify for the Petition for Administration of Small EstateMd. Est. & Trusts § 5-601Verified Sep 8, 2026View source, a court procedure short of full probate. Above that line, probate takes 6 months to 9 months and costs about $33,231Md. Est. & Trusts § 7-602 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source on a $500,000 estate. A funded revocable trust avoids probate entirely.
Probate in Maryland charges 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, plus executor fees and court costs: about $33,231Md. Est. & Trusts § 7-602 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source on a $500,000 estate all in. A trust avoids probate costs entirely. See a detailed breakdown with the Maryland probate calculator.
Maryland allows estates valued at $50,000Md. Est. & Trusts § 5-601Verified Sep 8, 2026View source or less to use the Petition for Administration of Small EstateMd. Est. & Trusts § 5-601Verified Sep 8, 2026View source, which avoids full probate administration. 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. There is no statutory waiting period. This route is faster and less expensive than full probate, but a trust avoids it entirely.
Simple estates in Maryland typically take 6 months to 9 months through probate; average estates 9 months to 12 months, and estates with disputes or multiple properties longer. A funded revocable trust avoids probate entirely; distributions follow the trustee's administration rather than a court timeline.
A properly funded revocable trust in Maryland avoids probate court proceedings, public disclosure of assets and beneficiaries, court-supervised distribution, and the 6 months to 9 months probate timeline. Assets in the trust transfer directly to beneficiaries. Compare the trade-offs with the Maryland trust vs. will comparison.
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Learn moreForms for Planning Your Estate in Maryland
Free forms for planning your estate in Maryland: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.
Pour-Over Will
In Maryland, a pour-over will is signed before 2Md. Est. & Trusts § 4-102Verified Sep 16, 2026View source witnesses and moves anything left outside the trust into it through probate.
Revocable Living Trust
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
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.
Financial Power of Attorney
Maryland treats a power of attorney as durable by defaultMd. 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, and it is signed before 2Md. 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 witnesses and a notary.
Transfer on Death Deed
In Maryland, a transfer-on-death deed is signed before a notaryMd. Code, Real Prop. §§ 14-1001 to 14-1014Verified Oct 1, 2026, then recorded with the county before the owner's deathMd. Code, Real Prop. §§ 14-1001 to 14-1014Verified Oct 1, 2026.
Vehicle Transfer on Death
Name a beneficiary to inherit your vehicle at death without probate. Available in 26 states and the District of Columbia.
Living Will
In Maryland, the living will is the Maryland Advance Directive: Planning for Future Health Care Decisions (Part II: Treatment Preferences ("Living Will"))Md. Code, Health-Gen. Title 5, Subtitle 6, Part I (Health Care Decisions Act), §§ 5-601 to 5-618; Part II (Advance Directive Program), §§ 5-619 to 5-626Verified Sep 27, 2026View source, a written instruction that is valid with no agent named.
Tools for Planning Your Estate in Maryland
Free tools for planning your estate in Maryland: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.
How Much Does a Revocable Living Trust Cost?
An attorney-prepared revocable living trust in Maryland runs $4,250Estimate: 10 hours at $425, Clio's Maryland Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $6,375Estimate: 15 hours at $425, Clio's Maryland Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.
How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?
Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.
Trust or Will: Which Costs Less?
In Maryland, a will-based plan pays probate 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; a funded revocable trust keeps those assets out of probate and off that fee.
What Does Estate Planning Actually Cost?
An attorney-prepared revocable trust in Maryland runs $4,250Estimate: 10 hours at $425, Clio's Maryland Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $6,375Estimate: 15 hours at $425, Clio's Maryland Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source and a simple will $1,110Estimate: 3 hours at $370, Clio's Maryland Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,220Estimate: 6 hours at $370, Clio's Maryland Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $549 up front plus a subscription with an online service.
How Much Life Insurance Do I Need?
In Maryland, four years at a public university cost about $95,872NCES Digest of Education Statistics 2023, Table 330.20, public 4-year in-state tuition, fees, room and board, academic year 2022-23Verified Oct 3, 2026View source and the cost of living is near the U.S. averageBEA Regional Price Parities, all items, by state, 2024Verified Oct 3, 2026View source; the state levies an estate taxMd. Tax-Gen. § 7-309Verified Sep 15, 2026View source above $5,000,000Md. Tax-Gen. § 7-309Verified Sep 15, 2026View source.
Are My Beneficiary Designations Protected?
Maryland does not revoke an ex-spouse as beneficiary at divorceMd. Code, Est. & Trusts § 4-105; § 14.5-604; § 17-112Verified Sep 15, 2026View source; employer plans under ERISA follow federal rules either way, so a 401(k) beneficiary changes only by a new designation.
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Maryland Estate Planning Resources
In-depth guides covering Maryland probate laws, trust requirements, and estate planning strategies.