What happens to the soul after death may remain a mystery—but what happens to a person’s assets and property is well defined by law. In Maryland, when someone passes away, their belongings titled solely in their name become their estate. The distribution of that estate follows the instructions left behind in the person’s will, which names beneficiaries and appoints a personal representative, also known as an executor, to manage the estate.

If you’ve been named the personal representative of an estate in Maryland, you have significant legal and financial responsibilities—and hiring an experienced probate attorney in Maryland is often critical to navigating the process smoothly.

What Is Probate?

Probate is the legal process of validating a will and settling an estate. It includes confirming the will in court, paying off debts, filing taxes, and distributing assets to the heirs. In Maryland, this process is supervised by the Orphans’ Court—the official name for the state’s probate court.

The Role of the Personal Representative in Maryland

If you’re appointed as a personal representative, your duties may include:

• Opening the estate with the Register of Wills

• Locating, securing, and valuing all assets

• Filing final income and estate tax returns

• Verifying and paying creditors

• Communicating with beneficiaries

• Hiring professionals like appraisers, accountants, and attorneys

• Filing necessary documents with the court

• Distributing assets to heirs

• Closing the estate

Because this process can become complex quickly—especially if the estate includes real estate, business interests, or potential disputes—working with a skilled Maryland probate lawyer is usually essential.

Do All Maryland Estates Require a Probate Attorney?

Not necessarily. Modified administration is an option for simple estates involving limited heirs and straightforward asset distribution. In these cases, personal representatives might be able to manage the process without legal help. However, unless the estate is very small and uncomplicated, the majority of personal representatives benefit from legal guidance to ensure all legal obligations are met and mistakes are avoided.

Probate Attorney Fees in Maryland

What Are the Standard Probate Lawyer Fees in Maryland?

Maryland law establishes a formula for reasonable attorney compensation for normal estate administration tasks:

• 9% of the first $20,000 of the gross estate

• 3.6% of the remaining estate value above $20,000

For example, for a $1 million estate:

• 9% of $20,000 = $1,800

• 3.6% of $980,000 = $35,280

• Total fee: $37,080

These fees are paid by the estate and do not require Orphans’ Court approval if all interested parties consent.

Alternative Fee Structures

Attorneys in Maryland may also charge:

• Hourly rates – typically between $250–$350/hour

• Flat fees – often for simple, uncontested estates

• Contingency fees – for estate litigation (must be pre-approved and filed with the Register of Wills)

Additional Probate Administration Fees

Beyond attorney fees, the estate may incur court-related administration costs based on its total value:

Additional costs may include:

• Letters of Administration

• Certified mail fees

• Court filing fees

• Copies and administrative paperwork

What’s Considered Extraordinary Services?

Certain tasks fall outside normal estate administration and often require additional legal fees, such as:

• Selling or leasing estate property

• Representing the estate before zoning or planning boards

• Recovering assets held by third parties

• Defending the estate during tax audits

• Handling will contests or creditor disputes

These services may be billed hourly or as a separate litigation matter—and typically require court approval unless a contingency fee agreement was signed.

When Probate Gets Complicated

While most Maryland estates are closed within 12 to 18 months, legal complications can delay the process and increase costs. Common issues include:

• Will contests from unhappy or excluded heirs

• Disputes over the executor’s actions

• Creditors filing false or inflated claims

• Disagreements among beneficiaries

If litigation becomes necessary, it’s important to understand that the probate attorney represents the estate, not individual family members. This distinction can help prevent conflicts and clarify the attorney’s role.

The Bottom Line: Hiring a Probate Attorney Is Worth It

Serving as a personal representative while grieving a loved one’s death can be overwhelming. In many cases, the personal representative must also locate records, manage property, handle family dynamics, or even oversee a business. Mistakes in probate can lead to legal liability.

Hiring an experienced Maryland probate attorney ensures you comply with state law, avoid unnecessary delays, and protect the estate’s value for beneficiaries.

Contact a Trusted Probate Lawyer in Maryland

At Blackford & Flohr, we have extensive experience guiding clients through Maryland’s probate process—from simple estates to high-value, high-conflict cases. Whether you’re a newly named personal representative or an executor managing a complex estate, we’re here to help you every step of the way. Contact us today.