What Are My Duties as Trustee in Maryland?
Step-by-step guide for administering a trust after the grantor passes away. Answer a few questions to get a personalized checklist for your situation.
Frequently Asked Questions
A successor trustee in Maryland has a fiduciary duty to manage trust assets prudently, notify beneficiaries, pay debts and taxes, and distribute assets according to the trust terms.Md. Code Est. & Trusts § 14.5-101 et seq.Verified May 31, 2026 Unlike probate, trust administration is private and does not require court involvement.
Maryland requires the successor trustee to notify qualified beneficiaries of the trust's existence and the trustee's contact information within 60 days of the grantor's death.Md. Code Est. & Trusts § 14.5-101 et seq.Verified May 31, 2026 The notice typically includes the trustee's name and address, and the beneficiary's right to request trust information.
When the grantor dies, the revocable trust becomes irrevocable and requires its own EIN (Employer Identification Number) from the IRS. The trustee must file Form 1041 (U.S. Income Tax Return for Estates and Trusts) for any income earned by trust assets after the date of death. The trust may also need to file a Maryland state income tax return.
Maryland requires trustees to maintain detailed records of all trust transactions, including income, expenses, distributions, and investment decisions.Md. Code Est. & Trusts § 14.5-101 et seq.Verified May 31, 2026 Beneficiaries have the right to request accountings. Proper documentation protects the trustee from liability claims and provides transparency for beneficiaries.
Trustee compensation in Maryland is based on reasonable compensation for the services performed. Professional trustees typically charge 0.5-1.5% of trust assets annually. Individual (non-professional) trustees often reference executor fee guidelines (2-5% of estate value) as a benchmark. See the Maryland trustee compensation guide for details.
Trust administration in Maryland typically takes 6-12 months, compared to 9-12 months for average probate cases.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 31, 2026 Trust creditors have 6 months to file claims, compared to 6 months for probate creditor claims. Trust administration avoids court involvement, public filings, and many of the procedural delays associated with probate. See the Maryland estate settlement guide for a complete overview.
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Maryland Estate Planning Resources
In-depth guides covering Maryland probate laws, trust requirements, and estate planning strategies.
