Updated July 26, 2026. Quick answer: Maryland sets probate compensation using a mix — a statutory ceiling or floor with reasonableness applied inside it. The two numbers that decide what an estate actually pays are the fee basis and the small-estate threshold — and whether that threshold reaches real estate, which is where most published guidance goes wrong.
What probate costs in Maryland
| Item | Maryland |
|---|---|
| Fee model | hybrid |
| What the fee is calculated on | PR: reasonable compensation subject to statutory percentage CAP (Md. Code, Est. & Trusts §7-601): may not exceed 9% of the first $20,000 of the estate plus 3.6% of the excess over $20,000 (i.e., $1,800 + 3.6%), unless the will provides more. Attorney fees: reasonable (§7-602), commonly evaluated against the same cap in practice. |
| Court filing fee | Register of Wills probate fees scale with estate value (regular estates: e.g., $100 for $10k-$20k, $150 for $20k-$50k, rising to $2,500 for estates ≥$5M; no probate fee for small estates ≤$50,000) — official schedule at registers.maryland.gov |
| Small-estate threshold | $50,000 — or $100,000 if the surviving spouse is the sole heir/legatee — small estate administration, Md. Code, Est. & Trusts §5-601 (value net of secured debts of record). |
Why Maryland has no single answer
Maryland does not publish a percentage schedule that produces one number, so any source quoting you a firm figure is estimating. What the statute actually fixes is the standard: PR: reasonable compensation subject to statutory percentage CAP (Md. Code, Est. & Trusts §7-601): may not exceed 9% of the first $20,000 of the estate plus 3.6% of the excess over $20,000 (i.e., $1,800 + 3.6%), unless the will provides more. Attorney fees: reasonable (§7-602), commonly evaluated against the same cap in practice. That makes three things decide the bill — how many billable hours the administration takes, whether any beneficiary contests, and whether the estate qualifies for the small-estate route below and skips most of it. Get the fee basis in writing before engaging anyone.
For states that DO publish a schedule, and to compare, use the probate cost calculator.
What is the small estate limit in Maryland?
$50,000 — or $100,000 if the surviving spouse is the sole heir/legatee — small estate administration, Md. Code, Est. & Trusts §5-601 (value net of secured debts of record).
The statute as written does not clearly state whether this route reaches real property. Treat that as unresolved rather than permission: confirm with the probate court or a licensed attorney in the state before assuming a house can pass this way.
Full thresholds for every state: small-estate limits by state.
If the estate is still being planned rather than settled, the usual way to keep a house out of probate entirely is a living trust, which carries its own upfront cost: whether a living trust is worth it in Maryland.
Does a house have to go through probate in Maryland?
Maryland’s statute does not clearly state whether its small-estate route reaches real property. That is not permission — it is an open question, and the time to settle it is while the owner is alive and has options, not while an estate is being administered. A fiduciary advisor can price the exposure alongside the rest of the estate picture. talk to someone about the whole estate picture. You can also run the numbers yourself first with the probate cost calculator — no email required.
How Maryland compares to the other 50
Maryland’s small-estate threshold of $50,000 ranks 26 of 50 jurisdictions with a stated figure, and sits close to the national median of $51,500. The range runs from $15,000 at the bottom to $400,000 at the top, so where an estate falls relative to the line matters far more than any national “average probate cost” figure. On fee model, Maryland is one of 14 of 51 jurisdictions using the hybrid approach.
Death taxes in Maryland, separately
Maryland levies both an estate tax and an inheritance tax — the only jurisdiction in the country that does. That is a different question from probate cost and is decided by different statutes, but families routinely conflate the two.
Estate tax: yes (BOTH taxes – only state) – estate tax exemption $5,000,000 (fixed since 2019, not indexed); graduated rates up to 16%; Maryland-only portability of unused spousal exclusion allowed. Inheritance tax paid on a bequest is credited against estate tax
Inheritance tax: yes – 10% on ‘collateral’ beneficiaries (e.g., nieces/nephews, cousins, friends, unmarried partners); EXEMPT: spouse, children and other lineal descendants and their spouses, parents, grandparents, siblings, stepchildren/stepparents, and small transfers under $1,000
What this does not include
The figures above are the probate cost — the court and compensation side of settling an estate. They are separate from any state estate tax or inheritance tax, which are taxes on the transfer itself and are owed whether or not the estate goes through probate. Appraisal, bond premium, publication, and real-estate commissions if property is sold are additional and are not set by the fee statute.
Before you hire anyone
- Ask which statute the fee is charged under, and get the citation. In Maryland the governing provisions are below.
- Ask whether the quoted fee is calculated on gross value or net of debts. Gross-value states charge on the full house value even if a mortgage covers most of it.
- Ask whether the personal representative is also claiming compensation, and on what basis.
- Ask in writing whether the estate qualifies for the small-estate route, and if a solely owned house is involved, whether that route reaches it.
Primary sources
- Md. Code, Est. & Trusts §7-601
- Md. Code, Est. & Trusts §5-601
- Md. Code, Est. & Trusts §2-206
Maryland in the rest of the picture
Probate cost is one of four things Maryland decides for a retiree and their heirs. The other three — income tax on withdrawals, estate tax, and inheritance tax — are priced separately:
- Every tax Maryland charges a retiree: Maryland retirement taxes
- What a move out is worth: leaving Maryland
- Corridor comparison: Maryland To Delaware
- Corridor comparison: Maryland To Florida
- Corridor comparison: Maryland To North Carolina
- Corridor comparison: Maryland To South Carolina
Compare and calculate
Probate cost by state compares all 51 jurisdictions side by side. The probate cost calculator prices a specific estate. If a move is on the table, retirement tax relocation prices probate alongside the three other taxes that change with residency.
Cite or share this guide: “Maryland Probate Cost (2026),” statute-cited; clearmoneyguide.com/maryland-probate-cost/. Free to cite with attribution.