Probate in Maryland: small estates, no will, and skipping court

Updated 2026-10-18

The short answer

Maryland has no bank affidavit, but estates of $50,000 or less ($100,000 if the spouse is the only heir) can use small estate administration through the register of wills. Larger estates use administrative or judicial probate. Maryland has a $5 million estate tax and a 10% inheritance tax on gifts outside close family.

When someone dies in Maryland, the family's first question is usually practical. Do we have to go to court, and how long will it take?

Maryland handles most estates through the register of wills in each county, not a judge. It has a short small estate process, a brand new deed that can pass a house outside probate, and two state death taxes that surprise many families. This page covers each one. It is part of our state-by-state estate planning guides. If the word is new, start with what probate is.

Can my family use a small estate affidavit in Maryland?

Not in the way some states allow. Maryland has no affidavit a family hands straight to the bank. Instead it has "small estate" administration, filed with the register of wills (ET 5-601).

It is available when the property subject to administration in Maryland is worth:

$50,000 or less, or
$100,000 or less if the surviving spouse is the only heir or the only person named in the will.

Value means fair market value at death, minus debts of record secured by the property.

Here is how it works (ET 5-602, ET 5-603):

Someone entitled to serve files a petition listing the property, its value, known creditors and any lawsuits.
If it is accurate, the register appoints that person as personal representative.
Funeral expenses and family allowances can be paid right away.
If property will remain, one notice is published. Objections are due within 30 days.

Creditors must come forward by the earlier of 6 months after death or 30 days after the personal representative mails them a notice. Property distributed from a qualifying small estate is also exempt from Maryland inheritance tax (TG 7-203).

Who inherits if there's no will?

Maryland's intestacy law decides. Maryland is not a community property state. A surviving spouse or registered domestic partner takes (ET 3-102):

Everything, in most cases, including when all the children are adults and are also the spouse's children.
One-half, if the person who died left any minor child.
The first $100,000 plus one-half of the rest, if there is no minor child but there are children from outside the marriage.

Parents take nothing when there is a spouse.

Anything that doesn't go to a spouse passes in this order (ET 3-103, ET 3-104):

Your descendants, by representation.
Your parents equally, or the surviving parent.
Your parents' descendants: brothers, sisters, nieces and nephews.
Half to each set of grandparents, or their descendants.
Stepchildren and their children.
Finally, the state health department (if you received Medicaid long-term care) or the county board of education (ET 3-105).

Friends never appear on this list. If you want a friend, a charity or a favorite neighbor to receive anything, it has to be in a will or trust. Our post on dying without a will covers what happens when the list runs short.

Who serves as personal representative?

Maryland calls the executor a "personal representative." The order of priority starts this way (ET 5-104):

The person named in the will.
Someone nominated under a power in the will.
With no will, the surviving spouse, registered domestic partner and children; with a will, the surviving spouse.
Those who receive the remainder under the will.

After those come children, grandchildren, parents and siblings who share in the estate, then other relatives, the largest creditor, and finally anyone else.

A personal representative is a fiduciary: legally required to act in the estate's interest and follow what the will says.

Living out of state is allowed, with one step. A nonresident must file a designation of a Maryland resident to accept legal papers for them (ET 5-105). There is no rule limiting nonresidents to relatives. People under 18 and people convicted of serious crimes such as fraud or theft generally can't serve.

Administrative or judicial probate: which one?

Maryland has two ways to open an estate (ET 5-301, ET 5-401).

Administrative probate is filed with the register of wills, without prior notice. It is final unless someone interested asks for judicial probate.

Judicial probate is a proceeding before the orphans' court, after notice. Families use it when there is a dispute or a question about the will.

There is also a simpler path called modified administration (ET 5-702). It can be chosen within 3 months of appointment when the estate is solvent, everyone receiving the remainder consents, and they are only the personal representative and tax-exempt close relatives. A final report is due within 10 months. Our post on the probate process walks through the steps.

Your situation	Likely path
Property in Maryland worth $50,000 or less ($100,000 if the spouse is the only heir)	Small estate administration
Larger estate, close family only, no dispute	Administrative probate, often with modified administration
A dispute or a question about the will	Judicial probate before the orphans' court
House with a recorded TOD deed, or assets in a living trust	Those assets pass outside probate

How long do creditors have?

Not long. A debt is barred unless the creditor presents it by the earlier of 6 months after death or 2 months after the personal representative mails or delivers a written notice (ET 8-103).

How much is the personal representative paid?

Maryland sets a cap on commissions, unless the will provides more (ET 7-601):

Up to 9% of the property if it is $20,000 or less.
Above $20,000: $1,800 plus 3.6% of the amount over $20,000.

A real estate broker's commission is a separate expense. Our post on what an executor gets paid compares approaches.

Can my house skip probate?

Yes, starting October 1, 2026. Maryland's new Transfer-on-Death Deed Act lets you pass real estate to the people you choose at your death (2026 Md. Laws Ch. 751).

The deed must say the transfer happens at your death, and it must be recorded in the county land records before you die.
The beneficiary doesn't need to be told or to sign.
You can revoke it only by recording a later deed or a revocation. A will can't revoke it.
Several beneficiaries share as joint owners with survivorship, unless the deed says otherwise.

A living trust is the other common way to keep a home out of court; our post on what a trustee does explains that role, and how to avoid probate compares options.

Will my heirs owe Maryland estate or inheritance tax?

Possibly, and this surprises people. Maryland has both taxes.

Estate tax: the exemption is $5,000,000, plus any unused exemption of a spouse who died first (Comptroller Tax Tip 42). The tax can't exceed 16% of the taxable estate above the exemption.

Inheritance tax: 10% of what passes to people outside the exempt group (TG 7-204, Register of Wills).

Who receives	Maryland inheritance tax
Spouse, children, grandchildren, stepchildren, parents, grandparents	Exempt
Brothers and sisters	Exempt
Registered domestic partner	Exempt
Nieces, nephews, cousins, aunts, uncles	10%
Friends	10%
Life insurance paid to a named beneficiary	Exempt

Inheritance tax paid is credited against the estate tax.

Here is a typical case, a composite. Dorothy, 76, lived in Towson and never married. Her savings went to her niece and her best friend. Both owed the 10% inheritance tax on what they received. Her house passed to her brother, which was exempt.

Some people would rather not leave this to a niece in another state. Trella Trust Company, through a Kinly membership, can be named as executor or trustee, first or as backup to someone you choose. If it steps in and settles the estate, that work is charged by the hour, and you see the rates before anything starts.

Before death, the papers that matter most are your Maryland financial power of attorney and your Maryland medical power of attorney.

Common questions

What is the small estate limit in Maryland?

$50,000 of property subject to administration, or $100,000 if the surviving spouse is the only heir or legatee. It runs through the register of wills.

Does a surviving spouse inherit everything in Maryland?

Usually, if there is no will. The spouse takes half if there is a minor child, and $100,000 plus half if there are children from outside the marriage.

Can someone who lives in another state be a personal representative in Maryland?

Yes. A nonresident must file a designation of a Maryland resident to accept legal papers for them.

Does Maryland have an inheritance tax?

Yes, 10% on property passing to anyone outside the exempt group. Spouses, children, parents, siblings and registered domestic partners are exempt. Nieces, nephews and friends pay it.

Does Maryland allow transfer-on-death deeds?

Yes, starting October 1, 2026. The deed must be recorded before death and can be revoked only by a later recorded document.

Sources

This page is general information, not legal or financial advice. Laws vary by state.

Keep reading

State guidesPower of attorney in Maryland: the rules, signing and who to namePower of attorney in Maryland is durable by default, needs a notary and two witnesses, and banks must accept the statutory form. Here's how to do it right.State guidesMedical power of attorney in Maryland: how it works, how to signMedical power of attorney in Maryland is an advance directive signed before two witnesses, no notary. Who can't witness, and who decides if nobody is named.State guidesEstate planning by state: guides for all 50 statesEstate planning by state: what stays the same everywhere, what changes, and power of attorney, medical and probate guides for all 50 states.