Maryland Probate Cost: A Statewide Fee and a Statutory Commission
Maryland charges one statewide Register of Wills probate fee set by statute on the value of the estate, not a per-county filing fee. The other main costs are the personal representative’s statutory commission and, for some estates, the inheritance and estate taxes.
Opening an estate in Maryland costs one statewide Register of Wills probate fee under Md. Est. & Trusts § 2-206, a value-based bracket schedule collected on the value of the probate estate. It runs from $0 for a probate estate under $50,000, to $100 from $50,000, $200 from $100,000, and $1,000 from $500,000, and up in brackets to $10,000 plus 0.02% of the excess over $10,000,000. There is no separate per-county probate filing fee; the schedule is identical in all 24 jurisdictions.
The larger value-linked cost is the personal representative’s commission under Md. Est. & Trusts § 7-601, a statutory maximum of 9% of the first $20,000 of estate value plus 3.6% of the excess, allowed by the Orphans’ Court up to that cap. Maryland is also the only state that levies both a state inheritance tax, 10% on property passing to a collateral taker and collected by the Register of Wills, and a state estate tax on taxable estates over the $5,000,000 exemption, filed with the Comptroller. Maryland sets no statutory attorney-fee schedule, so an estate attorney is paid a reasonable fee.
Quick Summary
- Register of Wills fee
- $0 to $10,000+Statewide § 2-206 value schedule
- Small estate ceiling
- $50,000 / $100,000Subject to administration / spouse sole heir
- PR commission cap
- Up to 9% + 3.6%Statutory maximum (Md. Est. & Trusts § 7-601)
- Inheritance and estate tax
- 10% + estate taxCollateral takers; estates over $5,000,000
Maryland probate is opened with the Register of Wills where the decedent lived, and the § 2-206 probate fee is identical in all 24 jurisdictions. Only ancillary costs (certified copies, newspaper publication, bond premium, and appraisals) vary locally. Each jurisdiction has its own elected Register of Wills and a three-judge Orphans’ Court, with Montgomery, Harford, and Howard counties the exception, where the Circuit Court judges sit as the Orphans’ Court, and Baltimore City and Baltimore County are separate jurisdictions. Confirm ancillary costs with the Register of Wills before filing.
Typical Total Cost Ranges
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| Procedure | Estate Size | Court Fee | Timeline | Attorney? | Best For |
|---|---|---|---|---|---|
| Small Estate | Property subject to administration of $50,000 or less, or $100,000 or less when the surviving spouse is the sole legatee or heir (Md. Est. & Trusts § 5-601) | The § 2-206 value fee, $0 below $50,000 and $100 in the $50,000 to $100,000 spouse-sole range | A simplified Register of Wills proceeding, faster than a regular estate | No | Small estates within the value ceiling, settled without ongoing administration accounts |
| Modified Administration | No dollar cap; a solvent estate whose residuary passes only to the personal representative, the surviving spouse, and inheritance-tax-exempt takers, with the consent of all residuary legatees or heirs (Md. Est. & Trusts § 5-701) | The § 2-206 value fee on the gross value of the probate assets reported on the final report | A single final report generally due within ten months of appointment | No statewide requirement; counsel is common | Solvent estates passing to a spouse or inheritance-tax-exempt takers that want a shorter path |
| Regular Estate | No dollar cap. Used when the estate does not qualify for a small estate or modified administration (Md. Est. & Trusts § 5-401 et seq.) | The § 2-206 value fee by estate value, from $0 below $50,000 up to $10,000 plus 0.02% of the excess over $10,000,000 | A three-month inventory, a first account within nine months, then accounts every six months | No statewide requirement; counsel is common | Estates that need full Orphans’ Court supervision or do not fit a simplified track |
Additional Costs to Expect
Register of Wills Probate Fee
The Register of Wills collects one statewide probate fee on the value of the probate estate under Md. Est. & Trusts § 2-206: $0 for a probate estate under $50,000; $100 from $50,000 to just under $100,000; $200 from $100,000 to just under $500,000; $1,000 from $500,000 to just under $1,000,000; $2,000 from $1,000,000 to just under $2,500,000; $5,000 from $2,500,000 to just under $5,000,000; $7,500 from $5,000,000 to just under $7,500,000; $10,000 from $7,500,000 to just under $10,000,000; and $10,000 plus 0.02% of the excess over $10,000,000. There is no separate per-county probate filing fee, and a foreign personal representative pays a single fee of 1% of the gross value of the estate.
Personal Representative Commission
The personal representative is entitled to reasonable compensation, and the Orphans’ Court allows the commission it considers appropriate up to the statutory maximum of 9% of the first $20,000 of the property subject to administration plus 3.6% of the excess over $20,000. The commission is a cap, not a guaranteed amount, and the personal representative may renounce all or part of it. A licensed real-estate broker’s commission on a sale of real property is a separate expense and is not deducted from this commission.
State Inheritance Tax
Maryland imposes a 10% inheritance tax on the clear value of property passing to a collateral taker, collected by the Register of Wills (Md. Tax-General §§ 7-203, 7-204). It does not apply to property passing to a surviving spouse, a child or other lineal descendant, a parent, a grandparent, or a sibling of the decedent, so most family transfers are exempt.
State Estate Tax
Separate from the probate fee and the inheritance tax, Maryland levies a state estate tax on a taxable estate over the $5,000,000 exemption for a decedent dying on or after January 1, 2019, plus any deceased spousal unused exclusion (Md. Tax-General § 7-309). The exemption is fixed by statute and is not indexed for inflation. The estate tax is filed with and paid to the Comptroller of Maryland, not the Register of Wills.
Certified Copies and Recording
The Register of Wills charges $1.00 for a certified copy of a record, $2.00 per page for copies with plain certification, and $3.00 to record a claim against the estate (Md. Est. & Trusts § 2-206). A certified death certificate is $10.00 for the first copy and $12.00 for each additional copy in the same transaction from the Maryland Department of Health, Division of Vital Records. Order several certified death certificates early, because banks and transfer agents each want their own.
Publication of Notice
Notice to creditors is published in a newspaper of general circulation where required, and the newspaper sets its own charge, which varies by jurisdiction and publication. Creditor claims are barred six months after death or two months after the personal representative mails notice, whichever is earlier (Md. Est. & Trusts § 8-103).
Bond, Appraisal, and Professional Fees
A fiduciary bond may be required unless waived by the will or by all interested persons, with the premium set by the surety. Real property, business interests, or unusual personal property may need appraisal for the inventory that drives the § 2-206 probate fee, and final individual, fiduciary, inheritance-tax, and, for large estates, estate-tax filings may need professional help. These costs depend on the estate and are set outside the fee statutes.
One more cost source to check: if the person who died received Medicaid long-term care benefits, the state may file a recovery claim against the estate. The Maryland Medicaid estate recovery guide explains when that applies.