After a death in Maryland

Small estates

Small estate administration through the Register of Wills (Estates and Trusts 5-601) when the property subject to probate in Maryland is worth $50,000 or less, or $100,000 or less if the surviving spouse is the only heir or beneficiary. Value is fair market value minus recorded debts secured by the property. It is a shorter, simpler process than regular probate. Anyone entitled to be personal representative can ask for it.

• Limit: $50,000, or $100,000 if the surviving spouse is the only heir or beneficiary
• Waiting time after the death: None
• Source: the official source

Probate court

In Maryland, estates are handled by the Orphans’ Court of the county, with filings handled by the Register of Wills (in Harford and Montgomery counties, circuit court judges sit as the Orphans’ Court), usually in the county where the person lived.

Creditor claims: The earlier of 6 months after death, or 2 months after the personal representative mails or delivers a notice to the creditor.

Official court forms

All Forms | Maryland Register of Wills

Statewide Register of Wills forms for opening and managing an estate, including a full small estate packet.

Small estate form: open the form

File with the Register of Wills in the county where the person lived. A small estate is $50,000 or less, or $100,000 if the spouse is the only heir.

Estate and inheritance tax

• State estate tax: Yes, for estates above $5,000,000. Set at $5 million for deaths on or after January 1, 2019, not indexed. A surviving spouse can add the unused exemption of a spouse who died (portability) if a timely Maryland return makes the election. Inheritance tax paid is credited against the estate tax.
• Inheritance tax: Yes. 10% tax on property going to people who are not close relatives, such as nieces, nephews, cousins and friends. Exempt: spouse, children and their descendants, spouses of children and descendants, parents, grandparents, brothers and sisters, and qualifying domestic partners. Any one person’s inheritance worth $1,000 or less is exempt. The Register of Wills collects it.

The federal estate tax applies only to very large estates. Most families do not owe it.

Property that passes outside probate

• Transfer on death deed for a home: Yes. Starts October 1, 2026 (SB 651 and HB 738 of 2026, Chapters 750 and 751). The transfer on death deed must be signed, notarized and recorded before the owner dies. A deed signed before October 1, 2026 works only if the owner dies on or after that date. Before this, families used trusts or life estate deeds.
• Community property state: No.

Accounts with a named beneficiary, jointly owned property and property in a living trust usually pass directly, without probate, in every state.

Wills

Signing a will: Signed by the testator and by two credible witnesses in the testator’s presence (physical or electronic presence). No notary or self-proving affidavit is required.

Handwritten wills: Only valid for a member of the armed forces who writes it outside the United States. It becomes void one year after discharge unless the person has died or lost capacity.

Power of attorney and health care directive

Financial power of attorney: For powers of attorney signed on or after October 1, 2010: signed by the principal, acknowledged before a notary, and signed by two adult witnesses (the notary can be one of them). Maryland has its own General and Limited Power of Attorney Act (Estates and Trusts Title 17), not the full Uniform Act, with optional statutory forms.

Health care directive: Maryland Advance Directive (names a health care agent and states treatment wishes). Signed and dated by you and two witnesses, in person or electronically. No notary needed. Your health care agent cannot be a witness, and at least one witness cannot inherit from you or benefit financially from your death. MOLST is the medical order form.

Death certificates

Certified copies come from the Maryland Department of Health, Division of Vital Records (deaths from 2012 on; older records at the Maryland State Archives). The fee is $10 for the first copy and $12 for each additional copy in the same order, per the state application form. Free for certain armed forces members and their survivors’ benefit claims.. The funeral home can usually order them for you.

Surviving relatives, their representatives, the funeral director, and others with a direct and tangible interest can order.

Most families need 6 to 12 certified copies. Banks, insurers and brokerages usually want a certified copy.

Also good to know

Maryland is the only state with both an estate tax and an inheritance tax. Transfer on death deeds become available October 1, 2026.