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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.