If you are considering estate planning in Maryland or are dealing with the Maryland probate process, you might be feeling a little overwhelmed. There are lots of forms that must be signed, assets to value, documents to file, and much more. With the help of an experienced Maryland probate attorney, navigating this process is a bit more manageable. However, there may be lots of questions still coming to mind on a daily basis. Read on for some frequently asked questions about Maryland wills and estates law and Blackford & Flohr’s answers.

Does Maryland Have an Inheritance Tax?

Yes. Maryland is one of the few states that still has an inheritance tax. The inheritance tax rate is 10% of the “clear value” of the inherited property. It applies to beneficiaries who are not exempt, such as nieces, nephews, friends, or distant relatives.

Spouses, children, parents, siblings, and a few other close relatives are typically exempt. This tax is collected by the Register of Wills in the county where the decedent resided or owned property.

Learn more about the Register of Wills offices in Maryland.

Does Maryland Have an Estate Tax?

Estate tax rates in Maryland are graduated. They are applicable to estates worth more than $5 million. This means that your executor will need to make sure takes are paid to the state before distributing assets to your beneficiaries. You can use the Maryland Estate Tax Rates chart found here to determine your tax obligation.

Is There an Estate Tax Exemption in Maryland?

Yes. For all deaths occurring in 2025, Maryland retains a state estate tax exemption of $5 million per individual, or $10 million for married couples using portability of unused exemption.

Maryland has not indexed its exemption for inflation, and the threshold has remained at $5 million since 2019.

Tax rates on estates exceeding this exemption are graduated, ranging from approximately 0.8% up to 16% depending on the taxable estate size.

Portability is allowed in Maryland: if a timely Maryland estate‑tax return is filed (Form MET‑1), the surviving spouse may claim any unused exemption from a predeceased spouse, doubling the exemption to $10 million for married couples.

How Much Does a Will Cost in Maryland?

Total costs for drafting your will in Maryland will vary depending on your wills and estates lawyer. It is important to work with an experienced Maryland probate attorney in order to ensure your will is properly written and filed. It is virtually impossible to know when you and your beneficiaries will need your will, so making sure it is fully drafted and covers all of your assets and loved ones at all times is critical.

Can You Avoid Probate in Maryland?

Can Probate Be Avoided?

In some cases, yes. Strategies to avoid probate include:

• Creating a Revocable Living Trust: Assets in the trust are managed outside of probate.

• Joint Ownership with Right of Survivorship: Property automatically transfers to the surviving co-owner.

• Payable-on-Death (POD) and Transfer-on-Death (TOD) Designations: Available for bank accounts, securities, and other assets.

• Small Estate Procedures: For estates valued under a certain threshold, a simplified probate process is available in Maryland.

Your estate attorney can help determine the best strategy for your specific situation.

How Much Does an Executor Get Paid in Maryland?

In Maryland, executor compensation is regulated by law:

• Estates under $20,000: Up to 9% of the estate’s value

• Estates over $20,000: $1,800 + 3.6% of the amount exceeding $20,000

Executors may also be reimbursed for reasonable expenses incurred during estate administration.

How Long Is Probate in Maryland?

The length of the probate process can vary greatly depending on a number of factors, from size of the estate to valuation of individual assets. In general, Maryland estate administration takes about one year, including marshalling, valuing, and distributing assets. Creditors have six months from the date of the decedent’s death to make claims.

What Happens if There is No Will?

In Maryland, when a person passes away without a will, a personal representative will distribute assets and property according to Maryland intestacy law.

How To Set Up an Estate in Maryland

Starting your estate planning journey is easier with the right guidance. Here are the key steps:

1. List your assets and debts.

2. Choose your beneficiaries.

3. Select an executor and guardian (if applicable).

4. Consult an experienced Maryland estate planning attorney.

5. Draft and sign your will or trust documents.

6. Review and update your estate plan regularly.

What Should Be Included in a Maryland Estate Plan?

Your Maryland estate plan should be customized based on your family, finances, and long-term goals. Common documents include:

• Last Will and Testament

• Revocable Living Trust (if needed)

• Durable Power of Attorney

• Advance Directive / Living Will

• HIPAA Release Form

• Beneficiary Designations (POD/TOD)

Additional Frequently Asked Questions About Maryland Wills and Estates

1. Who is exempt from Maryland inheritance tax?

In Maryland, inheritance tax does not apply to property inherited by a spouse, child, grandchild, parent, grandparent, sibling, or stepchild. However, nieces, nephews, cousins, and unrelated individuals may be subject to the 10% inheritance tax unless an exemption applies.

2. Can a handwritten will be valid in Maryland?

Yes, a handwritten (or holographic) will may be valid in Maryland if it meets state requirements:

• It must be in writing,

• Signed by the testator (person writing the will),

• Witnessed and signed by two competent individuals in the testator’s presence.

Even though valid in some cases, handwritten wills often face legal challenges. It’s best to consult a Maryland estate attorney to draft an enforceable will.

3. What assets go through probate in Maryland?

Assets subject to probate include:

• Solely owned property (without a beneficiary)

• Bank or brokerage accounts without a payable-on-death designation

• Personal property, real estate, and vehicles titled solely in the decedent’s name

Assets like jointly owned property, life insurance with beneficiaries, and trust-held assets typically avoid probate.

4. How do I appoint a guardian for my children in my Maryland will?

To appoint a guardian:

• Clearly name the guardian (and alternate) in your Last Will and Testament

• Specify their responsibilities and any conditions for guardianship

• Work with a Maryland estate planning lawyer to ensure the language is legally binding and accepted by the courts

The court typically honors parental wishes unless the proposed guardian is unfit.

5. Can I change my will after it’s been signed?

Yes. You can update your Maryland will at any time by:

• Creating a codicil (amendment) with the same legal formalities

• Drafting a new will that explicitly revokes the previous one

Be sure to destroy old copies and inform your executor and attorney of the update.

6. What happens if my executor refuses to serve in Maryland?

If your named executor is unwilling or unable to serve, Maryland’s probate court will appoint a successor executor (also called a personal representative). This is usually:

• An alternate you named in your will

• A beneficiary

• A court-approved administrator

To avoid delays, always name a backup executor in your estate documents.

7. Do I need an estate plan if I don’t own much?

Yes. Even small estates benefit from having:

• A will to name beneficiaries and a personal representative

• Advance directives for medical care

• Power of attorney to manage finances in case of incapacity

Without an estate plan, the state decides how your property is distributed—and who makes decisions on your behalf.

Contact a Wills and Estates Lawyer in Maryland Today

If you are interested in writing your will or are in need of legal council for probate in Maryland, contact Blackford & Flohr today. We can help you with all of your Maryland wills and estates questions. Call 410-647-6677 to speak with an attorney today.