Maryland Probate Types: Small Estate vs Modified vs Regular Administration
Maryland handles probate through the Register of Wills, which opens the estate and collects the probate fee, and the Orphans’ Court, which supervises administration. The first question is whether the estate fits a small estate, a modified administration, or a full regular estate.
Compare eligibility, timing, court involvement, and local verification points
How to Compare Maryland Probate Types
Maryland runs probate through two offices in each of its 24 jurisdictions. The elected Register of Wills opens the estate, files the will, keeps the records, and collects the probate fee, and the Orphans’ Court, a three-judge probate court, supervises administration and hears disputes. In Montgomery, Harford, and Howard counties the Circuit Court judges sit as the Orphans’ Court. This is not a circuit-court-clerk probate model, and Baltimore City and Baltimore County are separate jurisdictions, each with its own Register of Wills.
The first question is which administration track fits. A small estate under Md. Est. & Trusts §§ 5-601 to 5-607 settles on a simplified path when the property subject to administration is $50,000 or less, or $100,000 or less when the surviving spouse is the sole legatee or heir. Modified administration under § 5-701 is a streamlined middle path for a solvent estate whose residuary passes only to the personal representative, the surviving spouse, and others exempt from the inheritance tax, with the consent of all residuary legatees or heirs. A regular estate under § 5-401 et seq. is the full track, with an inventory within three months and administration accounts supervised by the Orphans’ Court.
Simplified Path vs Formal Path at a Glance
Swipe sideways to see the full table.
| Category | Simplified Path | Formal Path | Winner |
|---|---|---|---|
| Track | The small estate settles on a simplified Register of Wills path without ongoing accounts | A regular estate files an inventory and periodic administration accounts under Orphans’ Court supervision | Simplified Path |
| Estate size | Capped at $50,000 subject to administration, or $100,000 when the surviving spouse is the sole heir | No dollar cap on a modified or regular administration | Simplified Path |
| Real estate | A small estate can include real property subject to administration within the value ceiling | A regular estate handles real property of any value | Tie |
| Probate fee | The § 2-206 value fee is $0 below $50,000 | The same § 2-206 value fee scales with estate value, up to $10,000 plus 0.02% of the excess over $10,000,000 | Simplified Path |
| Supervision and disputes | A small estate suits clean, undisputed estates within the ceiling | A regular estate gives full Orphans’ Court supervision for larger or contested estates | Formal Path |
Main Maryland Probate Options
| Probate Type | Threshold | Filing Fee | Timeline | Real Estate | Attorney | Best For |
|---|---|---|---|---|---|---|
Small Estate Md. Est. & Trusts §§ 5-601 to 5-607 | Property subject to administration of $50,000 or less as of the date of death, or $100,000 or less when the surviving spouse is the sole legatee or heir. | The statewide § 2-206 value fee, which is $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 | Yes, within the value ceiling | No | Small estates within the $50,000 ceiling, or $100,000 when the surviving spouse is the sole legatee or heir |
Modified Administration Md. Est. & Trusts § 5-701 | No dollar cap, but the residuary must pass only to the personal representative, the surviving spouse, and others exempt from the inheritance tax, the estate must be solvent, and all residuary legatees or heirs must consent. | The § 2-206 value fee on the gross value of the probate assets reported on the final report | A final report generally due within ten months of appointment | Yes | No statewide requirement; counsel is common | Solvent estates passing to a spouse, the personal representative, or inheritance-tax-exempt takers that want a shorter path than a regular estate |
Regular Estate Md. Est. & Trusts § 5-401 et seq. | No dollar cap. Used when the estate does not qualify for a small estate or modified administration, or when a residuary taker is not exempt from the inheritance tax. | 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, plus publication and certified copies | A three-month inventory, a first account within nine months, then accounts every six months, so commonly several months to more than a year | Yes | No statewide requirement; counsel is common | Estates that do not fit a small estate or modified administration, or that need full Orphans’ Court supervision |
Small Estate
Md. Est. & Trusts §§ 5-601 to 5-607
Small estates within the $50,000 ceiling, or $100,000 when the surviving spouse is the sole legatee or heir
Threshold: Property subject to administration of $50,000 or less as of the date of death, or $100,000 or less when the surviving spouse is the sole legatee or heir.
Filing Fee: The statewide § 2-206 value fee, which is $0 below $50,000 and $100 in the $50,000 to $100,000 spouse-sole range
Timeline: A simplified Register of Wills proceeding, faster than a regular estate
Real Estate: Yes, within the value ceiling
Attorney: No
Modified Administration
Md. Est. & Trusts § 5-701
Solvent estates passing to a spouse, the personal representative, or inheritance-tax-exempt takers that want a shorter path than a regular estate
Threshold: No dollar cap, but the residuary must pass only to the personal representative, the surviving spouse, and others exempt from the inheritance tax, the estate must be solvent, and all residuary legatees or heirs must consent.
Filing Fee: The § 2-206 value fee on the gross value of the probate assets reported on the final report
Timeline: A final report generally due within ten months of appointment
Real Estate: Yes
Attorney: No statewide requirement; counsel is common
Regular Estate
Md. Est. & Trusts § 5-401 et seq.
Estates that do not fit a small estate or modified administration, or that need full Orphans’ Court supervision
Threshold: No dollar cap. Used when the estate does not qualify for a small estate or modified administration, or when a residuary taker is not exempt from the inheritance tax.
Filing Fee: 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, plus publication and certified copies
Timeline: A three-month inventory, a first account within nine months, then accounts every six months, so commonly several months to more than a year
Real Estate: Yes
Attorney: No statewide requirement; counsel is common
* Maryland charges one statewide Register of Wills probate fee under Md. Est. & Trusts § 2-206, a value-based bracket schedule that runs from $0 for a probate estate under $50,000 up to $10,000 plus 0.02% of the excess over $10,000,000. There is no separate per-county probate filing fee. The personal representative commission is a separate statutory maximum under § 7-601 (up to 9% of the first $20,000 of estate value plus 3.6% of the excess). Separately, Maryland levies a 10% inheritance tax on property passing to a collateral taker and a state estate tax on taxable estates over the $5,000,000 exemption.
Unfamiliar terms in the comparison? The Maryland probate glossary defines them in plain language.
Not sure which type applies to you?
Answer a few questions to see which Maryland probate path fits this estate.
Take the 2-minute assessment