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.
Certified copies come from the Maryland Department of Health - Division of Vital RecordsMaryland Department of Health - Division of Vital RecordsVerified Oct 15, 2026View source; the funeral home usually places the first order. The first certified copy costs $10Maryland Department of Health - Division of Vital RecordsVerified Oct 15, 2026View source and each additional copy ordered with it $12Maryland Department of Health - Division of Vital RecordsVerified Oct 15, 2026View source; standard processing takes 6 weeks for mail orders (temporarily increased)Maryland Department of Health - Division of Vital RecordsVerified Oct 15, 2026View source. Banks, insurers, government agencies and retirement plans each want a certified copy, so the first order is for several. The Maryland death certificate guide carries the ordering details.
Maryland sets an 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 Oct 17, 2026View source. The state allows you to name your own agent in advanceMd. Code, Health-General Art. § 5-509(a)Verified Oct 17, 2026View source, and a written designation outranks the default order. The Maryland burial and cremation law guide carries the rest of the rules.
Only for what the decedent owned alone with no beneficiary named. Assets in a living trust, accounts with a named beneficiary and property owned jointly with right of survivorship pass outside probate. For the rest, 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.
Maryland uses Petition for Administration (RW1112)Md. Code, Est. & Trusts §§ 5-104 (priority), 5-201 (petition contents), 5-301 (administrative probate), 5-401 (judicial probate), 5-601 (small estate)Verified Aug 24, 2026View source, filed with the Register of WillsMd. Code, Est. & Trusts §§ 5-104 (priority), 5-201 (petition contents), 5-301 (administrative probate), 5-401 (judicial probate), 5-601 (small estate)Verified Aug 24, 2026View source. Register of Wills issues Letters of Administration after the court grants the petition. The Maryland Letters Testamentary guide carries the documents, the bond and the self-filing rules.
A simple estate in Maryland typically settles in 6 months to 9 months, and an average estate in 9 months to 12 months. The creditor claim period of 6 monthsMd. Est. & Trusts § 8-103Verified Sep 8, 2026View source is the floor: final distribution waits for it to run. Assets in a living trust settle privately, without the court's timeline.
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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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Affidavit of Death
In Maryland, a transfer on death deed beneficiary records the “Transfer-on-Death Deed Notification of DeathMd. Code, Real Prop. § 14-1013(b)Verified Oct 26, 2026View source”.
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IRS Form 56
Notify the IRS that you are the fiduciary of an estate, a trust or a person, or end a notice filed before, on the official form.
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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.
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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What Happens to Jointly Owned Property When an Owner Dies?
When a joint owner dies in Maryland: Maryland law names no affidavit or certificate to record when a joint tenant or tenant by the entirety dies. The deceased owner's interest passes to the survivor under the deed that created the joint tenancy or tenancy by the entiretyMd. Code, Real Prop. §§ 2-117, 3-101 to 3-104, 4-108; Est. & Trusts; Tax-Prop.; Tax-Gen.; Cts. & Jud. Proc. Title 10, subtitle 8; Health-Gen. (vital records)Verified Oct 26, 2026View source.
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Do I Have to File Tax Returns for Someone Who Died?
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.
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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.
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.
Maryland Executor ChecklistMd. 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 Sep 8, 2026View source
Notify immediate family members
Contact close family members who need to know. Coordinate funeral arrangements and gather contact information for extended family and friends.
Confirm who has authority over final arrangements
State law sets the order of who has the legal right to decide burial, cremation, or other disposition. A written pre-need designation by the deceased, if one exists, controls. Confirm who holds this authority before arrangements are made.
Maryland: State law sets the order of who controls disposition of remains. Order: Person designated on DD Form 93 (Department of Defense Record of Emergency Data, or its successor form) as authorized to direct disposition, if the decedent died while serving in the uniformed services and executed the form (§ 5-509(a)(2), (c)(1)(i)); then Person designated as authorizing agent in a valid document executed by the decedent (§ 5-509(c)(1)(ii)); then Surviving spouse or domestic partner of the decedent (§ 5-509(c)(2)(i)); then others in statutory order. A written pre-need designation by the deceased, if one exists, controls over this order.
Arrange burial, cremation, or other disposition
Work with a funeral home, crematory, or other provider to arrange disposition of the body. State rules govern cremation waiting periods, required authorizations, and burial or disposition permits. The funeral home typically provides certified death certificates and files the death certificate with vital records.
Maryland: Cremation has a 12-hour waiting period. A burial or disposition permit is required, issued by the Maryland Department of Health's Vital Statistics Administration, through its electronic death registration system (COMAR 10.03.01.06). The death certificate must be filed within 3 days. The funeral director, or another person authorized to make the final disposition, files it after the physician or medical examiner completes the medical certification, which is due within 24 hours (§ 4-212(e), (g)). Typical state costs: direct cremation ~$1,500, direct burial ~$3,200, traditional funeral ~$8,500.
Request 10-15 certified copies from the funeral home or state vital records office. You will need these for banks, insurance companies, government agencies, and other institutions. Each institution typically requires an original certified copy.
Maryland: Order from Maryland Department of Health - Division of Vital Records. Fee: $10/copy ($12 additional). Available: online, mail, in-person. Processing: 6 weeks for mail orders (temporarily increased).
Ensure mail is collected regularly to identify bills, accounts, and important correspondence. Forwarding mail to the executor/trustee is common practice.
Report the death to Social Security. The funeral home often does this, but verify it was done. Surviving spouse may be eligible for benefits.
Federal: Timing: Application for the lump-sum death payment: within 2 years of the date of death. Proof of support for a dependent parent's benefit: within 2 years of the worker's death. The funeral home reports the death.
Cancel Medicare coverage and return the Medicare card. If on Medicaid, notify the state agency to avoid benefit continuation.
Maryland: Medicare: Repayment of a Medicare Secondary Payer demand against the estate: within 60 calendar days of the demand; interest is assessed from the date the demand letter was mailed. Claim for services furnished before death: within 12 months of the date of service. If the deceased received Medicaid, Maryland's estate recovery program (Maryland Department of Health, Recoveries and Financial Services Division, Estates, Liens & Trust Section) may file a claim against the estate for benefits paid. Exemptions and hardship waivers are state-specific.
If the deceased was a veteran, notify the VA to stop benefits and inquire about burial benefits and survivor benefits.
Federal: Timing: DIC or death pension application, for an award effective from the month of death: within 1 year of the date of death; Payments start from the filing date instead of the first day of the month of death.. Claim for accrued benefits: within 1 year of the beneficiary's death. Claim for lump-sum accrued benefits withheld from a competent veteran during hospital, institutional or home care: within 5 years of the beneficiary's death. Request to be substituted into the veteran's pending claim or appeal: within 1 year of the date of death. Burial allowance claim for a death that was not service connected: within 2 years of the veteran's burial. Burial allowance claim where VA upgraded the discharge from dishonorable after death: within 2 years of the upgrade.
Contact life insurance companies to file claims. Also notify health, auto, and homeowner insurance to update or cancel policies.
Maryland: Divorce does not automatically revoke beneficiary designations — a former spouse named on a policy or account may still be the legal beneficiary.
Place a deceased alert or credit freeze with Equifax, Experian, and TransUnion to prevent identity theft. Over 2 million deceased identities are stolen annually.
Locate deeds, mortgage statements, property tax bills, and homeowner insurance policies for all real property. Check the county recorder for any recorded Transfer on Death deeds.
Maryland: Maryland allows Transfer on Death (TOD) deeds. Check the county recorder's office to see if a TOD deed was recorded -- if so, the property transfers outside probate.Md. Code, Real Prop. §§ 14-1001 to 14-1014Verified Oct 18, 2026View source
Whoever holds the original will hands it to the probate court, or to the executor it names, within the period state law sets. The will becomes part of the court record whether or not probate is opened.
Obtain an EIN for the estate
Apply for an Employer Identification Number (EIN) from the IRS. The estate needs its own tax ID to open bank accounts and file tax returns.
Once appointed by the court, obtain letters testamentary (with will) or letters of administration (without will). These prove your authority.
Maryland: Letters of Administration are issued by the Register of Wills (after administrative probate; or after the Orphans’ Court rules in judicial probate). The state's title for the role is Personal Representative. Typically filed with the petition: Proof of death: a death certificate (original or copy); other proof of death if a death certificate is not yet available; Original will and any codicils, if any (filed with the petition); Schedule A (RW1136) for a regular estate; Schedule B (RW1137) for a small estate; List of Interested Persons (RW1104), naming the heirs and legatees with addresses — due no later than 20 days after appointment (Est. & Trusts § 7-104); local offices commonly take it with the petition; Consent to Appointment of Personal Representative (RW1118) from interested persons with equal or higher priority, if the petitioner is not the named/highest-priority person (Est. & Trusts § 5-104); Appointment of Resident Agent (RW1106) if the personal representative resides outside Maryland; Bond unless expressly excused by the will or by written waiver of all interested persons on a Waiver of Bond (RW1117) (Est. & Trusts § 6-102); in a REGULAR estate either a Nominal Bond (RW1116) or a Personal Representative Bond (RW1115) is required in every case.Md. Code, Est. & Trusts §§ 5-104 (priority), 5-201 (petition contents), 5-301 (administrative probate), 5-401 (judicial probate), 5-601 (small estate)Verified Aug 24, 2026
If the court requires a bond, obtain a surety bond from an insurance company. The bond protects beneficiaries from executor misconduct.
Maryland: Bond required unless waived in will. Typical premium: 0.5% of estate value. Beneficiaries may waive bond in writing (Md. Code, Est. & Trusts §§ 6-101, 6-102).Md. Est. & Trusts § 6-102Verified Sep 8, 2026View source
Open an estate bank account
Open a dedicated checking account for the estate using the EIN and letters testamentary. All estate income and expenses flow through this account.
Consider hiring a probate attorney
For complex estates or if unfamiliar with probate, hiring an attorney is common. Many states allow statutory attorney fees.
Maryland: Attorney fees typically 2.1-3.3% of estate.Md. Est. & Trusts § 7-602 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source
Publish a notice in a local newspaper to alert potential creditors. This starts the creditor claim period running.
Maryland: Maryland requires publication for 3 consecutive weeks. Typical cost: $150. The court or clerk arranges the newspaper publication after appointment; the executor does not place the notice directly. Creditors have 6 months from the date of death to file claims. Known creditors must receive direct mailed notice. Proof of publication must be filed with the court.Md. Code, Est. & Trusts §§ 7-103, 7-103.1, 8-103, 8-104, 8-105, 8-107Verified Oct 18, 2026View source
Identify email accounts, social media, online banking, cryptocurrency, and other digital assets. Note any password managers used.
Maryland: Maryland has adopted digital asset access laws (2016). User authorization or court order may be required to access accounts. Online tool authorizations (like Google Inactive Account Manager) are valid.ET § 15-601 et seq. (RUFADAA)Verified Sep 15, 2026View source
Search the state unclaimed property database for forgotten bank accounts, uncashed checks, insurance proceeds, and refunds owed to the deceased. Estates frequently recover assets the deceased never tracked.
Maryland: Search Comptroller of Maryland, Unclaimed Property Division for forgotten accounts, refunds, and uncashed checks owed to the deceased.
Contact retirement account custodians about beneficiary claims. IRAs and 401(k)s typically pass by beneficiary designation, not through the estate.
Maryland: Divorce does not automatically revoke beneficiary designations — a former spouse named on a policy or account may still be the legal beneficiary.
Prepare and file an inventory of all estate assets with their values. The filing deadline runs from your appointment as personal representative and is set by state law.
Inventory due 90 days after appointment as personal representativeET §§ 7-201, 7-202, 7-203Verified Sep 15, 2026View source
Maryland: Inventory due within 90 days of appointment. You must engage an independent appraiser to value the assets. Supplemental inventory required for assets discovered after the initial filing. A solvent estate whose residuary takers are limited to the personal representative and inheritance-tax-exempt persons may elect modified administration and file a verified final report within 10 months instead of the formal inventory and account (any interested person may still demand the formal inventory).ET §§ 7-201, 7-202, 7-203Verified Sep 15, 2026View source
Review claims submitted by creditors. Reject invalid claims and pay valid debts from estate/trust assets.
Maryland: Creditors file claims on a statutory claim form. After a claim is rejected, the creditor has 60 days to sue on it. If the estate cannot pay every claim, payment order: Fees due to the register; then Costs and expenses of administration; then Funeral expenses (allowance capped at $15,000 unless the estate is solvent and the court specially orders more); then remaining claims in statutory order.Md. Code, Est. & Trusts §§ 7-103, 7-103.1, 8-103, 8-104, 8-105, 8-107Verified Oct 18, 2026View source
Do not make final distributions until the creditor claim period has expired. This protects you from personal liability.
Creditor claim period: 6 months from the date of deathMd. Code, Est. & Trusts §§ 7-103, 7-103.1, 8-103, 8-104, 8-105, 8-107Verified Oct 18, 2026View source
Maryland: Creditor claim period is 6 months from the date of death.Md. Code, Est. & Trusts §§ 7-103, 7-103.1, 8-103, 8-104, 8-105, 8-107Verified Oct 18, 2026View source
Transfer ownership of vehicles to beneficiaries or the estate. Contact the state DMV with a death certificate and title documents.
Maryland: Maryland titles can carry a Transfer-on-death (TOD) beneficiary designation (Md. Code, Transp. 13-115). Check the title for a TOD or beneficiary designation — a designated vehicle passes directly to the named beneficiary outside probate. Titles are processed by the Maryland Department of Transportation Motor Vehicle Administration (MVA).
File a final IRS Form 1040 for the deceased covering January 1 through date of death. Write "DECEASED," the decedent's name, and the date of death across the top of the return. If filing jointly with a surviving spouse, include both incomes. Attach Form 1310 to claim a refund, unless you are the surviving spouse filing a joint return or a court-appointed personal representative attaching a copy of the court certificate to the original return.
IRS Form 1040 due April 15 following year of death26 USC 6012(b)(1)
Maryland: File Form 502 for January 1 through date of death. Due April 15 following year of death. Md. Tax-Gen. § 10-808(c): "If an individual required to file an income tax return dies, the final income tax return of the individual shall be filed: (1) by the personal representative of the individual's estate; (2) if there is no personal representative, by the individual's surviving spouse" (or jointly).Md. 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
If the estate or trust earns income during administration ($600 in gross income), file IRS Form 1041. Required if estate gross income is $600 or more, or if any beneficiary is a nonresident alien. The estate can choose a fiscal year. Use Form 7004 for an automatic 5.5-month extension of time to file.
Maryland: File Form 504 for estate/trust income. Required when Required if the fiduciary is required to file a federal fiduciary income tax return (or is exempt under IRC § 408(e)(1) or § 501 but must file federal Form 990-T) AND has Maryland taxable income. A $600 Maryland exemption is allowed to a personal representative filing for a decedent's estate; other fiduciaries deduct $200.. Due April 15 (calendar year); six-month extension requested on Form 504E, with the expected tax due paid by April 15. Form 504NR computes the Maryland modification for a nonresident fiduciary.Md. 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
For estates exceeding the federal exemption ($15,000,000), IRS Form 706 is required. Some states have lower thresholds. File Form 4768 for an automatic 6-month extension of time to file. The estate and GST tax is still due within 9 months of death; an extension of time to pay must be requested separately on the same form. Form 706 may also be filed to elect portability of the unused exemption to a surviving spouse.
IRS Form 706 due 9 months after date of death (6-month extension available) if required; Maryland Form MET-1 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, 2026
Maryland: Has STATE ESTATE TAX with $5,000,000 exemption. File Form MET-1, due 9 months after date of death. Also has INHERITANCE TAX on beneficiary distributions.Md. Tax-Gen. § 7-309Verified Sep 15, 2026View source
Some states require tax clearance or closing letters before final distribution. Distributing without clearance can create personal liability for the executor or trustee.
Maryland: Tax clearance IS REQUIRED before final distribution. 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 paid.Md. 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
An executor or personal representative is entitled to compensation for administering the estate. Some states set commissions by statute; others allow reasonable compensation. Decide whether to take a commission and document the basis before final distribution.
Maryland: Executor compensation is set by statute. Commissions are taxable income to the executor and are usually waived when the executor is also the main beneficiary.Md. Est. & Trusts § 7-601Verified Sep 8, 2026View source
Keep copies of all documents, accountings, receipts, and tax returns. Most professionals recommend keeping records for 7-10 years.
General information about settling an estate, not legal advice. Requirements vary by state and circumstance. Consult a licensed attorney for legal questions. Data verified Sep 15, 2026
