Updated September 7, 2026. Quick answer: In Maryland, maryland requires every personal representative to execute a bond by default, regardless of whether administration is regular or small estate; there is no informal/supervised distinction like the UPC states. Bond can be excused by the will or by written waiver of all interested persons, but even then a nominal bond is still required to secure debts and Maryland inheritance taxes.
Does Maryland require an executor to post a bond?
Maryland requires every personal representative to execute a bond by default, regardless of whether administration is regular or small estate; there is no informal/supervised distinction like the UPC states. Bond can be excused by the will or by written waiver of all interested persons, but even then a nominal bond is still required to secure debts and Maryland inheritance taxes.
“unless a bond is expressly excused by the will of the decedent or by the written waiver of all interested persons, every personal representative shall execute a bond”
Source: Md. Code, Est. & Trusts § 6-102
Can the will waive it in Maryland?
Yes. The will can expressly excuse the bond requirement, per Md. Code, Est. & Trusts § 6-102.
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Can the heirs or beneficiaries waive it in Maryland?
Yes. Bond can also be excused by the written waiver of all interested persons, even without a will provision.
If a bond is required, how much?
When a bond is required, Maryland sizes it at 100% of the estimated value of the personal estate plus expected annual income, per its own bond-amount statute.
“not exceeding the probable maximum value of the personal property of the estate during administration”
What makes Maryland different
Maryland does not use the UPC’s informal/supervised split; it simply requires bond of every personal representative unless excused. Its most distinctive feature is that a ‘waived’ bond isn’t fully gone; a nominal bond covering creditor and state inheritance-tax exposure survives even after a full waiver, which is unusual compared to states where waiver eliminates bond entirely.
| Bond-requirement source | Md. Code, Est. & Trusts § 6-102 |
| Maryland courts (general reference) | Maryland judicial branch |
| Maryland Secretary of State / legislature | Maryland state government |
| Confidence | High |
Every statute quoted on this page was read directly from the state’s own legislature/code site this session, or, where that site blocked automated access, from a reputable legal-citation mirror quoting the same official text with its official citation (disclosed below). General information, not legal advice; a probate court has final discretion over bond in every state; confirm your own case with the court or a local attorney before relying on the default described here.
Related: how long creditors have to file a claim against an estate in Maryland.