Cost of Probate in Maryland

Probate is the court proceeding that often occurs in order to settle an estate after the owner’s death. The process includes appointing a Personal Representative (Executor) to oversee the administration of the estate - paying off debts and taxes so they can distribute the balance to inheritors.

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Sometimes probate can be avoided, or at least the process can be simplified. The average cost of probate in Maryland can widely vary based on:  

• Estate size 

• Estate complexity

• Type of Estate Plans were created

• Whether or not a probate attorney is retained

• Etc. 

Common Probate Fees in Maryland

Probate fees in Maryland can differ depending on the above-mentioned issues, but some fees are fairly common, including: 

• Various court costs and filing fees

• Attorney fees

• Personal Representative compensation - Maryland is a reasonable compensation state; although the state does have a restriction on max allowable compensation - capping payments at nine percent (if less than $20,000) or $1,800 + 3.6 percent (if more than $20,000)

• Miscellaneous professional fees (I.E., Land Surveyors, Appraisers, etc.)

• Executor Bond (if required)

• Etc. 

Common Questions About Probate in Maryland

How Long Does Probate Take in Maryland?

The probate process generally takes between 9 - 18 months in the state of Maryland. This is assuming a simple estate with no extenuating circumstances or delays.

How Much Does a Probate Lawyer Cost in Maryland?

Probate attorney fees in Maryland will depend on a number of details, including how complex an estate is, as well as how experienced the attorney you use is.  

How to Avoid Probate in Maryland

Using a Living Trust can be one way to potentially avoid probate in Maryland. You would need to put most, if not all, high-value assets inside the Trust. Small estates may also be able to avoid the lengthy, costly process too, as long as the estate value is under the threshold.  

What is Considered a Small Estate in Maryland?

Any estate valued under $50,000 (or $100,000 for married couples) can be considered a “small estate” and may qualify for the summary probate procedure. There is no Affidavit procedure offered in the state. 

Who Pays Probate Fees in Maryland?

It’s normal to be concerned with the costs associated with probate. But rest assured, all fees (including probate lawyer fees in Maryland) can be covered out of the estate.