How Probate Works in Maryland

Does Maryland require probate?

Not always. Maryland offers simplified administration for smaller estates that significantly reduces the time and paperwork involved.

Estates valued at $50,000 or less (or $100,000 or less if the surviving spouse is the sole heir) qualify for small estate administration, which is faster and less complex than regular probate. For assets held jointly, in trust, or with beneficiary designations, probate is not required at all.

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What court handles probate in Maryland?

Probate in Maryland is handled by the Orphans' Court and the Register of Wills in the county (or Baltimore City) where the deceased person lived.

• The Register of Wills is the administrative office that receives filings, manages paperwork, and appoints personal representatives for uncontested estates.
• The Orphans' Court is the judicial body that handles contested matters, will disputes, and other issues requiring a judge.

Maryland uses the term "Orphans' Court" for historical reasons, though the court handles all probate matters, not just cases involving orphans.

There is no specific statutory deadline to file for probate in Maryland, but it should be done promptly.

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Small estate threshold

Maryland offers small estate (simplified) administration for qualifying estates:

• General threshold. Estates with a total value of $50,000 or less qualify for small estate administration.
• Surviving spouse threshold. If the surviving spouse is the sole heir, the threshold increases to $100,000 or less.

Small estate administration is simpler than regular administration:

• The personal representative files a petition for small estate with the Register of Wills.
• The process involves fewer court filings and oversight requirements.
• The estate can often be settled in a few months rather than the 12+ months that regular administration may require.

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Regular vs. modified administration

For estates above the small estate threshold, Maryland offers two tracks:

Regular administration

The standard process. The personal representative is appointed by the Register of Wills, gathers assets, notifies creditors, pays debts, and distributes property. The personal representative must file an inventory within three months and accountings with the court.

Modified administration

Available when all interested parties (heirs, beneficiaries, and creditors) consent. Modified administration reduces some filing requirements and can be faster. The personal representative must file a final report within 10 months.

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What if there is no will?

When someone dies without a will in Maryland, the estate follows the state's intestate succession laws (Maryland Estates and Trusts Code § 3-101 through 3-104):

• Spouse, no children or parents. The surviving spouse inherits the entire estate.
• Spouse and minor children. The surviving spouse receives one-half of the estate. The children divide the other half equally.
• Spouse and adult children only. The surviving spouse receives the first $40,000 plus one-half of the remaining estate. The adult children divide the rest.
• Spouse, no children, but surviving parents. The surviving spouse receives the first $40,000 plus one-half of the remaining estate. The parents inherit the rest.
• Children, no spouse. The children inherit everything equally.
• Parents (no spouse or children). The parents inherit everything.

For a broader overview, see our guide on handling an estate without a will.

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What makes Maryland different?

The Orphans' Court

Maryland is one of only a few states that still uses the name "Orphans' Court" for its probate court. While the name sounds archaic, the court handles all probate matters, including will validation, personal representative appointments, and contested estates.

Dual estate and inheritance taxes

Maryland is the only state in the country that imposes both a state estate tax and a state inheritance tax:

• Estate tax. Applies to estates exceeding $5 million. Rates range from 0.8% to 16%.
• Inheritance tax. A 10% tax on inheritances by certain beneficiaries, including siblings, nieces, nephews, and unrelated individuals. Transfers to spouses, children, grandchildren, parents, and grandparents are exempt.

This dual tax structure can create a significant tax burden for some estates, especially those transferring assets to non-exempt beneficiaries.

Flexible small estate threshold

The two-tier threshold ($50,000 general, $100,000 for surviving spouse as sole heir) provides extra flexibility for married couples with modest estates.

For a general overview of the probate process, see our guide on how probate works. If you need to order death certificates, see our guide on how to get death certificates in Maryland.

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