What Do I Do When Someone Dies in Maryland?

A step-by-step checklist for the days, weeks, and months after a death, with the state's rules, deadlines, fees, and official forms noted on the steps they apply to. Free PDF.

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Maryland Executor Checklist

50 tasks to complete

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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

Maryland: State law sets the order of who controls disposition of remains. Order: Person designated on DD Form 93 (military Record of Emergency Data) as authorized to direct disposition, if the decedent executed one (§ 5-509(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 Local registrar of vital statistics; burial-transit permit must be obtained by the mortician who first takes custody of the body within 72 hours after death (§ 4-215). If the death certificate is on a multicopy form with a designated burial-transit permit copy signed by the attending physician or medical examiner, that copy serves as the permit.. The death certificate must be filed within 3 days. Typical state costs: direct cremation ~$1,500, direct burial ~$3,200, traditional funeral ~$8,500.

How many death certificates do I need?

Obtain certified death certificates

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).

Unsure how many death certificates you need?

Secure the residence and valuables

Change locks if necessary, ensure the home is secured, and safeguard valuable items. Review who has keys and whether security measures are needed.

Locate estate planning documents

Find the original will, trust documents, and any amendments. Check the home, safe deposit box, and contact any attorney the deceased worked with.

Determine if probate is necessary

Evaluate whether the estate qualifies for small estate procedures or if full probate is required based on asset values and types.

Maryland: Small estate affidavit available for estates under $50,000. Informal (unsupervised) probate available.

Do I need probate?Estimate probate costs in your state

Arrange mail forwarding or collection

Ensure mail is collected regularly to identify bills, accounts, and important correspondence. Forwarding mail to the executor/trustee is common practice.

USPS death notification procedures

Notify Social Security Administration

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: As soon as possible after death — payments for the month of death and later must be returned. The funeral home typically initiates the report. SSA: 1-800-772-1213.

SSA death notification procedures

Notify Medicare/Medicaid if applicable

Cancel Medicare coverage and return the Medicare card. If on Medicaid, notify the state agency to avoid benefit continuation.

Maryland: Medicare: No Medicare notification deadline — coverage ends with the death and CMS is notified through SSA. Deadlines that do bind the estate: a Medicare Secondary Payer demand must be repaid within 60 calendar days or interest accrues (42 CFR 411.24(h)), and any claim for services furnished before death must be filed 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.

Medicare/Medicaid death notification procedures Maryland Medicaid estate recovery program

Notify Veterans Affairs if applicable

If the deceased was a veteran, notify the VA to stop benefits and inquire about burial benefits and survivor benefits.

Federal: Timing: No fixed deadline to report the death, but report right away to stop payments and avoid overpayment debt; accrued-benefits and substitution requests are due within 1 year of death, and non-service-connected burial allowance claims within 2 years of burial. VA: 1-800-827-1000 (select 5 to report a death); 1-800-535-1117 (national cemetery scheduling).

VA death notification and survivor benefits

Notify employer or former employer

Contact employer about final paycheck, accrued PTO, life insurance, retirement benefits, and COBRA options for survivors.

Employer benefits and pension after a death

Notify banks and financial institutions

Contact each bank and financial institution. They will freeze accounts until proper documentation is provided.

Find your bank or credit union death claim process FDIC guidance on accounts after a death

Notify insurance companies

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.

Find your insurance company death claim process

Freeze credit at all three bureaus

Place a deceased alert or credit freeze with Equifax, Experian, and TransUnion to prevent identity theft. Over 2 million deceased identities are stolen annually.

FTC identity theft prevention for the deceased

Gather financial account statements

Collect recent statements for all bank accounts, investment accounts, retirement accounts, and any other financial accounts.

What are my personal items worth for probate?

Gather real estate documents

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.

What is a Transfer on Death deed?

Gather recent tax returns

Locate the last 3-5 years of federal and state income tax returns. These help identify income sources, assets, and deductions.

Do I have to file tax returns for someone who died?IRS procedures when someone dies

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.

Apply for an estate EIN IRS procedures when someone dies

File petition for probate with the court

Submit the original will (if any) and petition to open probate. You will need to pay filing fees and may need to post a bond.

Maryland: Statewide form: RW1112 (Petition for Administration). File with the Register of Wills (administrative probate); Orphans' Court (judicial / contested probate). Filing fees vary by estate value. Informal probate available. Typical duration: 9-24 months.

Can I self-file probate?RW1112 (official form)Prepare a Petition for Probate and Letters

Obtain letters testamentary or administration

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.

Prepare a Petition for Probate and Letters

Post surety bond if required

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).

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.

Find a probate attorney in your state Can I self-file probate instead?

Publish notice to creditors

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.

What are the creditor claim deadlines?Official notice form (RW1114 (Notice of Appointment, Notice to Creditors, Notice to Unknown Heirs))

Inventory digital accounts and assets

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.

Digital assets guide

Search for unclaimed property and lost assets

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.

Comptroller of Maryland — Unclaimed Property Division unclaimed property search

Manage real estate

Maintain property, continue paying mortgage and taxes, arrange for property management if needed, and prepare for sale or transfer.

Estimate probate costs for real estate

Review and manage investments

Review investment accounts, decide whether to maintain or liquidate positions, and manage accounts prudently during administration.

Find your brokerage death claim process SEC guidance on accounts after a death

Handle retirement accounts

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.

Find your retirement provider death claim process Are my beneficiary designations protected?

Identify and list all debts

Create a comprehensive list of all debts including credit cards, loans, mortgages, and any other obligations.

What are the creditor claim deadlines?CFPB guidance on debts after a death

Cancel subscriptions and memberships

Cancel recurring charges for subscriptions, memberships, and services no longer needed.

Managing digital accounts after a death

File inventory with the court

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.

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).

What are my personal items worth for probate?

Review and respond to creditor claims

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; then remaining claims in statutory order.

What are the creditor claim deadlines?

Wait for creditor claim period to expire

Do not make final distributions until the creditor claim period has expired. This protects you from personal liability.

Maryland: Creditor claim period is 6 months from the date of death.

What are the creditor claim deadlines?

Transfer vehicle titles

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).

What are my personal items worth for probate?Maryland Department of Transportation Motor Vehicle Administration (MVA) — TOD designation information

File final personal income tax return

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.

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). Per the Maryland Resident Income Tax Return Instructions (Instruction 27, "Filing Return of Deceased Taxpayer"): enter code 321 on a code-number line on page 4 of Form 502; write "DECEASED" and the date of death after the decedent's name; attach a copy of the Letters of Administration, or a death certificate if the return is filed solely by the surviving spouse (federal Form 1310 if a refund is claimed and there is no personal representative). Maryland grants an automatic six-month extension only if a federal extension was filed AND no Maryland tax is owed; otherwise request the extension and pay the expected tax with Form PV by April 15.

Do I have to file tax returns for someone who died?IRS procedures when someone dies IRS Form 1040 (Federal)IRS Free File Form 502 (Maryland)Maryland Online Filing

File estate/trust income tax return

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. Form 504CG reports net capital gain subject to the additional 2% tax. A Maryland exemption of $600 is allowed to a personal representative filing for a decedent's estate; other fiduciaries deduct $200 (2025 Maryland Fiduciary Booklet, Instruction 10).

Do I have to file tax returns for someone who died?IRS procedures when someone dies IRS Form 1041 (Federal)Form 504 (Maryland)

Determine if estate tax return is required

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.

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.

How much are estate and inheritance taxes?IRS procedures when someone dies IRS Form 706 (Federal)Form 4768 (Extension)Form MET-1 (Maryland)

Obtain tax clearance if required

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. Inheritance tax: administered by the Register of Wills, not the Comptroller — tax on probate property is due when the personal representative submits the Administration Account showing distribution, and tax on non-probate property is due when the Register assesses and invoices it, so the estate cannot be closed until the inheritance tax obligation is satisfied. There is no single clearance form. Md. Tax-Gen. §§ 7-202, 7-203, 7-204, 7-214, 7-217.

Do I have to file tax returns for someone who died?Maryland Tax Clearance

Determine your executor commission

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.

How much can an executor charge?

Prepare distribution plan

Create a detailed plan for distributing assets according to the trust terms, will provisions, or intestate succession laws.

Who inherits without a will?

Notify beneficiaries of proposed distribution

Provide beneficiaries with a proposed distribution and accounting before making distributions.

I'm inheriting - what do I need to know?

Handle specific bequests

Distribute specific items (jewelry, heirlooms, etc.) to named beneficiaries as specified in the will or trust.

What are my personal items worth for probate?

Obtain receipts and releases from beneficiaries

Have beneficiaries sign receipts acknowledging distributions. Releases from liability are also commonly obtained.

Distribute assets to beneficiaries

Transfer assets to beneficiaries according to the distribution plan. Keep detailed records of all distributions.

Prepare final accounting

Create a detailed accounting showing all assets, income, expenses, and distributions. This may be required by the court or beneficiaries.

File final accounting with the court

Submit the final accounting to the probate court for approval. This is required before the estate can be formally closed.

Can I self-file probate?

Petition to close the estate

File a petition with the court to formally close the estate once all duties are complete.

Estate closing forms

Retain records for required period

Keep copies of all documents, accountings, receipts, and tax returns. Most professionals recommend keeping records for 7-10 years.

I understand this is general guidance only and requirements vary by state. I will verify all requirements with my state's probate court.I understand this checklist is not legal advice; a licensed attorney handles legal questions.Send me helpful estate planning resources and updates

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This checklist provides general guidance for estate settlement. Requirements vary by state and circumstance. Consult a licensed attorney for legal advice.Data verified 2026-09-15

Frequently Asked Questions

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. 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).

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. State law sets the order of who controls disposition of remains. Order: Person designated on DD Form 93 (military Record of Emergency Data) as authorized to direct disposition, if the decedent executed one (§ 5-509(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.

Evaluate whether the estate qualifies for small estate procedures or if full probate is required based on asset values and types. Small estate affidavit available for estates under $50,000. Informal (unsupervised) probate available.

Submit the original will (if any) and petition to open probate. You will need to pay filing fees and may need to post a bond. Statewide form: RW1112 (Petition for Administration). File with the Register of Wills (administrative probate); Orphans' Court (judicial / contested probate). Filing fees vary by estate value. Informal probate available. Typical duration: 9-24 months.

Once appointed by the court, obtain letters testamentary (with will) or letters of administration (without will). These prove your authority. 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.

After a Death in Maryland

Estate settlement in Maryland begins with determining whether probate is required. Estates with personal property under $50,000 may qualify for simplified procedures that avoid formal court involvement. For larger estates, probate provides a structured process for resolving debts and distributing assets.

The 6 months creditor claim period in Maryland is a key factor in the settlement timeline. No final distribution should occur until this period expires. State procedure sets a practical floor of about 9 months before an estate can close (Md. Code, Est. & Trusts §§ 7-201, 7-305, 8-103 (statutory milestones); no overall closing deadline in Title 7). Simple estates close in 6 months to 9 months from the date of filing.

Maryland bond requirement: Yes. The bond can be waived through a provision in the will, reducing upfront costs. The executor is responsible for managing estate expenses, filing tax returns, and providing a final accounting to the court and beneficiaries. Maryland provides a family allowance for eligible survivors during administration, up to $10,000 (ET § 3-201).

Estate settlement expenses in Maryland include attorney fees, executor fees, court costs, and creditor notice publication — about $33,231 on a $500,000 estate. Estates held in a revocable living trust avoid probate entirely and settle in weeks rather than months.

SimplyTrust Editorial·Updated September 8, 2026

Legal Sources

Data sourced from Maryland statutes and official state code. How we research.

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Death of a Parent

A step-by-step guide to what happens after a parent dies: the documents to find, the certificates to order, and whether probate is even required.

Learn more

Loss of a Spouse

What a surviving spouse needs to do: death certificates, survivor benefits, whether probate is even required, and the tax election that expires.

Learn more

Named as Executor

What an executor actually does: getting appointed, notifying creditors, paying debts and taxes, and where personal liability starts.

Learn more

Named as Trustee

Being named trustee means managing trust assets and carrying out the grantor's wishes. Your duties, timeline, compensation, and how to get started.

Learn more

More tools for handling this estate

Calculators and checklists for executors and trustees.

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Petition for Probate and Letters

Prepare the application to open probate and request Letters Testamentary or of Administration.

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Notice to Creditors

Prepare the creditor notice for an estate — the official state form or a notice typeset to statute, plus mailed notices for known creditors.

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Small Estate Affidavit

Prepare the affidavit that collects a small estate's property without probate — the official state form or an affidavit drafted to statute, plus a presentation letter for each holder.

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Estate Inventory

Prepare the probate inventory of estate property — every asset at its date-of-death value, composed to your state's statute, with the state's filing or delivery instructions.

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Estate Closing

Prepare the paperwork that closes the estate — the state's closing statement, petition for discharge, or final account, with the state's closing instructions and the optional federal forms.

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Letter of Instruction

Prepare the letter of instruction a bank or insurer requests during estate settlement.

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How Much Does Probate Cost?

Estimate attorney fees, executor fees, court costs, and timeline for probating an estate in your state. See if the estate qualifies for simplified probate procedures.

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How Much Can an Executor Charge?

Calculate how much an executor (personal representative) can charge for administering an estate. See if your state has statutory fees or uses reasonable compensation.

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Who Inherits Without a Will?

Find out who inherits your estate and how much they get if you die without a will. Based on your state's intestate succession laws.

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What's Fair Trustee Compensation?

Find out what's fair compensation for serving as trustee. Compare family, professional, and corporate trustee rates based on your situation.

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How Much Are Estate & Inheritance Taxes?

Calculate federal estate tax, state estate tax (12 states + DC), and inheritance tax (5 states) for an estate or trust.

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How Many Death Certificates Do I Need?

Calculate how many certified death certificates you need based on the assets and accounts you need to close. See state-specific ordering information.

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Maryland Estate Planning Resources

In-depth guides covering Maryland probate laws, trust requirements, and estate planning strategies.

What Do I Do When Someone Dies in Maryland?

Frequently Asked Questions

Is this your situation?

Death of a Parent

Loss of a Spouse

Named as Executor

Named as Trustee

More tools for handling this estate

Petition for Probate and Letters

Notice to Creditors

Small Estate Affidavit

Estate Inventory

Estate Closing

Letter of Instruction

How Much Does Probate Cost?

How Much Can an Executor Charge?

Who Inherits Without a Will?

What's Fair Trustee Compensation?

How Much Are Estate & Inheritance Taxes?

How Many Death Certificates Do I Need?

Your kids shouldn't have to do this.

Maryland Estate Planning Resources