Settling an estate in Maryland
In Maryland, probate typically takes 9-18 months. Estates under $50,000 ($100,000 if spouse is sole heir) can usually use a simpler small-estate process. Maryland has state estate tax and has inheritance tax.
The key numbers
Reviewed January 2026- Typical probate timeline
- 9-18 months
- Small estate limit
- $50,000 ($100,000 if spouse is sole heir)
- Small estate process
- Small estate procedures. Higher threshold ($100K) if surviving spouse is sole beneficiary.
- Deadline to file the will / open probate
- No strict deadline
- State estate tax
- Yes, over $5 million
- Inheritance tax
- Yes
- Executor pay
- Statutory: 9% on first $20K, 3.6% on excess.
- Community property state
- No
- Homestead protection
- Limited homestead protections
Maryland has BOTH estate tax ($5M threshold, 0.8-16%) AND inheritance tax (10% on non-close relatives). One of only two states with both.
Deadlines to know
- Estate tax return
- 9 months from death
- Inheritance tax return
- 9 months from death
- Creditor claims period
- 6 months from appointment
Common questions
How long does probate take in Maryland?
Probate in Maryland typically takes 9-18 months. Simple estates move faster; disputes, real estate in other states, or a business can stretch it.
What is the small estate limit in Maryland?
$50,000 ($100,000 if spouse is sole heir). Small estate procedures. Higher threshold ($100K) if surviving spouse is sole beneficiary.
Does Maryland have an estate or inheritance tax?
Yes. Maryland has a state estate tax on estates over $5 million. It also has an inheritance tax, paid by some heirs. Maryland has BOTH estate tax ($5M threshold, 0.8-16%) AND inheritance tax (10% on non-close relatives). One of only two states with both.
How much does an executor get paid in Maryland?
Statutory: 9% on first $20K, 3.6% on excess.
Next steps
Read the full Maryland estate settlement guide, or start with Executor 101.
Get a Maryland checklist with Afterward →Figures last reviewed January 2026. Laws change, and this is general information, not legal advice. Confirm with the Maryland probate court in the county where your loved one lived, or a local estate attorney.