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Maryland's Probate Process and Cost

Maryland's Probate Process and Cost

1. Locate and File the Will

  • Cost: $0 – Filing the Will itself is free, but the full probate process begins when you open the estate.


2. Open the Estate

  • File with Register of Wills:

    • You must choose:

      • Small Estate (≤ $50K or $100K if spouse only)

      • Regular Estate (> $50K)

🔹 Probate Fees (Based on Estate Value)

Estate Value Probate Fee (approximate)
$0 – $5,000 $0
$5,001 – $10,000 $50
$10,001 – $20,000 $100
$20,001 – $50,000 $150
$50,001 – $100,000 $200
$100,001 – $500,000 $300 – $1,000
$500,001 – $1,000,000 $1,000 – $2,500
Over $1,000,000 Max $2,500

Additional Fee: There may be a small charge for certified copies of Letters of Administration (~$1–$5 per copy).


3. Appoint the Personal Representative

  • No specific cost to be appointed, but:

    • Surety Bond may be required if not waived in the Will or by heirs.

      • Bond cost: Varies by estate value and credit history, often $200–$1,000+ annually.


4. Notify Heirs and Creditors

  • Publication Cost: Required notice must run in a local paper for 3 consecutive weeks.

    • Cost: ~$100–$300 depending on newspaper and county.


5. Inventory and Appraisal

  • Inventory Filing Fee: Included in probate fees, no separate charge.

  • Appraisal Fees:

    • May be needed for real estate, collectibles, business interests.

    • Cost: $300–$600 per appraisal, possibly more for complex assets.


6. Pay Debts, Taxes, and Administrative Costs

  • Creditor Payments: Varies.

  • Taxes:

    • Maryland inheritance tax (10% for non-exempt heirs).

    • Estate tax applies to estates over $5 million (2025 exemption).

    • Federal estate tax applies only to estates over $13.61 million (2025).

  • Personal Representative Compensation:

    • Maryland law allows payment based on estate value:

      • 9% on first $20,000, plus

      • 3.6% on the rest

    • Example: Estate of $200,000 → PR fee = $20,000 × 9% + $180,000 × 3.6% = $7,080

  • Attorney Fees:

    • Optional but often used for regular estates.

    • Cost: $2,000 – $10,000+ depending on complexity.

    • May also be a percentage (e.g., 1.5–3% of estate).


7. Accounting and Distribution

  • No extra court fee, but accounting must be filed and approved.

  • Can incur additional attorney/accountant fees if help is needed.


8. Close the Estate

  • No court fee to close, but:

    • Final filings may incur minor document fees.

    • Certified copies may be needed for final asset transfers.


💰 Total Estimated Cost of Probate in Maryland

Estate Size Estimated Total Cost (w/ Attorney)
Small Estate (≤ $50K) $300 – $1,000
Regular Estate ($100K–$500K) $3,000 – $10,000
Large Estate ($500K–$1M+) $10,000 – $20,000+

 

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