When Is Probate Required in Maryland?

Real estate in Maryland generally requires probate to transfer ownership unless it was held in a trust, owned jointly with right of survivorship, or had a transfer-on-death deed recorded (if available in the state). A revocable living trust outlines alternatives to probate for real estate.

In Maryland, assets that typically avoid probate include: property in a living trust, accounts with named beneficiaries (retirement accounts, life insurance, POD bank accounts), jointly owned property with right of survivorship, and vehicles with transfer-on-death registration if available. The trust vs. will comparison outlines how a trust helps bypass probate.

In Maryland, simple estates typically take 6-9 months. Average estates take 9-12 months. Complex estates with disputes or unusual assets can take 12-24 months or longer.Md. Est. & Trusts § 5-601 (small estate threshold), § 5-602 (small estate procedure), § 5-603 (small estate creditor bar: earlier of 6 months from death or 30 days from notice), § 6-102 (bond), § 7-601 (PR commission ceiling: 9% on first $20K + 3.6% on excess), § 7-602 (attorney reasonable comp), § 7-103 (publication), § 8-103 (regular estate creditor bar); § 2-206 (Register of Wills probate fee schedule); registers.maryland.govVerified May 14, 2026 Estimate total costs with the Maryland probate calculator.

Probate costs in Maryland typically include attorney fees, executor fees, court filing fees, and publication costs. Total costs generally range from 3-8% of the estate value depending on complexity. Use the Maryland probate cost calculator for a detailed estimate.

The most common ways to avoid probate in Maryland include creating a revocable living trust, adding beneficiary designations to accounts, titling property as joint tenants with right of survivorship, and using transfer-on-death deeds where available. The trust vs. will comparison compares the two approaches side by side.