How Do I File Taxes for a Deceased Person in Maryland?

Maryland requires a final state income tax return for the decedent alongside the federal Form 1040Md. Tax-Gen. §§ 10-105, 10-217; Ch. 604 (2025 Acts) (HB 352)Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.

At minimum, a final federal income tax return (Form 1040) for income earned through the date of death, and Maryland requires a final state income tax returnMd. Tax-Gen. §§ 10-105, 10-217; Ch. 604 (2025 Acts) (HB 352)Verified Sep 20, 2026View source (Form 502Md. Tax-Gen. §§ 7-202, 7-203, 7-204, 7-214, 7-217, 7-304, 7-305, 7-305.1, 7-306, 7-309, 10-808, 10-820Verified Sep 10, 2026View source) as well. If the estate earns income during administration, a federal fiduciary return (Form 1041) and a Maryland fiduciary return (Form 504Md. Tax-Gen. §§ 7-202, 7-203, 7-204, 7-214, 7-217, 7-304, 7-305, 7-305.1, 7-306, 7-309, 10-808, 10-820Verified Sep 10, 2026View source) may also be required. A Maryland estate tax return must also be filed when the federal gross estate plus lifetime taxable gifts plus Maryland QTIP property is $5,000,000 or more, or whenever a federal estate tax return is requiredMd. Tax-Gen. §§ 7-202, 7-203, 7-204, 7-214, 7-217, 7-304, 7-305, 7-305.1, 7-306, 7-309, 10-808, 10-820Verified Sep 10, 2026View source, a test on the gross estate that can be met even where deductions mean no tax is due.

The final federal income tax return is due April 15 following year of death26 USC 6012(b)(1)Verified Sep 15, 2026. The final Maryland return is due April 15 following year of deathMd. Tax-Gen. §§ 7-202, 7-203, 7-204, 7-214, 7-217, 7-304, 7-305, 7-305.1, 7-306, 7-309, 10-808, 10-820Verified Sep 10, 2026View source. The Maryland fiduciary return is due April 15 (calendar year); six-month extension requested on Form 504E, with the expected tax due paid by April 15Md. Tax-Gen. §§ 7-202, 7-203, 7-204, 7-214, 7-217, 7-304, 7-305, 7-305.1, 7-306, 7-309, 10-808, 10-820Verified Sep 10, 2026View source. The Maryland estate tax return (Form MET-1Md. Tax-Gen. §§ 7-202, 7-203, 7-204, 7-214, 7-217, 7-304, 7-305, 7-305.1, 7-306, 7-309, 10-808, 10-820Verified Sep 10, 2026View source) is due 9 months after date of deathMd. Tax-Gen. §§ 7-202, 7-203, 7-204, 7-214, 7-217, 7-304, 7-305, 7-305.1, 7-306, 7-309, 10-808, 10-820Verified Sep 10, 2026View source.

Yes. Two separate tracks. Estate tax: the Comptroller processes Form MET-1 and forwards it to the Register of Wills to complete Section III certifying that inheritance tax has been paidMd. Tax-Gen. §§ 7-202, 7-203, 7-204, 7-214, 7-217, 7-304, 7-305, 7-305.1, 7-306, 7-309, 10-808, 10-820Verified Sep 10, 2026View source. Distributing assets without the clearance can leave the executor or trustee personally liable.

Yes. Maryland imposes a state estate taxMd. Tax-Gen. § 7-309Verified Sep 15, 2026View source on an estate above $5,000,000Md. Tax-Gen. § 7-309Verified Sep 15, 2026View source. It is separate from the federal estate tax. A state estate tax return must be filed when the federal gross estate plus lifetime taxable gifts plus Maryland QTIP property is $5,000,000 or more, or whenever a federal estate tax return is requiredMd. Tax-Gen. §§ 7-202, 7-203, 7-204, 7-214, 7-217, 7-304, 7-305, 7-305.1, 7-306, 7-309, 10-808, 10-820Verified Sep 10, 2026View source, even if no federal estate tax is owed.

Yes. Estate size does not change the final income tax return: a final Form 1040 is filed whatever the estate is worth if the decedent had income. What a smaller estate avoids is the federal estate tax return (Form 706), due 9 months after date of death (6-month extension available)26 USC 6018; 26 USC 6075(a)Verified Sep 15, 2026 and required only above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source and the Maryland estate tax return (required when the federal gross estate plus lifetime taxable gifts plus Maryland QTIP property is $5,000,000 or more, or whenever a federal estate tax return is requiredMd. Tax-Gen. §§ 7-202, 7-203, 7-204, 7-214, 7-217, 7-304, 7-305, 7-305.1, 7-306, 7-309, 10-808, 10-820Verified Sep 10, 2026View source).

Forms for Settling an Estate in Maryland

Free forms for settling an estate in Maryland: the probate petition, small estate affidavit, notice to creditors, inventory, and closing forms.

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Digital Assets Recovery Letter

Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.

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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.

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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 Oct 18, 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.

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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.

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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.

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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.

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Letter of Instruction

Prepare the letter a bank or insurer requests during estate settlement, addressed to its claims department.

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Tools for Settling an Estate in Maryland

Free tools for settling an estate in Maryland: whether probate is needed, executor and trustee pay, creditor deadlines, and inheritance taxes.

How Many Death Certificates Do I Need?

In Maryland, 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; the first copy costs $10Maryland Department of Health - Division of Vital RecordsVerified Oct 15, 2026View source, additional copies $12Maryland Department of Health - Division of Vital RecordsVerified Oct 15, 2026View source each.

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Do I Need Probate?

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.

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How Do I Settle an Estate?

Settling an estate in Maryland: the personal representative files the estate inventory within 90 daysET §§ 7-201, 7-202, 7-203Verified Sep 15, 2026View source of appointment; creditors have 6 monthsMd. Code, Est. & Trusts §§ 7-103, 7-103.1, 8-103, 8-104, 8-105, 8-107Verified Oct 18, 2026View source to present claims; a simple estate closes in 6 months to 9 months.

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What Do I Do When Someone Dies?

After a death in Maryland, the estate either qualifies for the simplified procedure for estates under $50,000Md. Est. & Trusts § 5-601Verified Sep 8, 2026View source or goes through probate, where creditors have 6 monthsMd. Est. & Trusts § 8-103Verified Sep 8, 2026View source to file claims after notice.

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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.

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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.

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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.

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Hire a Maryland Probate Attorney

Browse 60 probate firms in Maryland with addresses, contact info, and practice details.

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Maryland Estate Settlement Resources

In-depth guides covering Maryland probate, estate administration, and settling an estate.