Probate Costs in Maryland
August 15, 2026 · Marc Cormier
How Much Does Probate Cost in Maryland? The Complete Guide
Written by Marc Cormier, Seniors Real Estate Specialist (SRES), Berkshire Hathaway HomeServices PenFed Realty. 27 years and close to 1,000 homes sold across Maryland, DC, and Virginia.
Most families don't find out what probate costs until they're already deep in the process. That's too late to plan.
This guide breaks down every cost associated with probate in Maryland — executor fees, court costs, attorney fees, appraisal fees, and closing costs — with real numbers and a free calculator to estimate your specific situation.
The Short Answer
Probate costs in Maryland typically range from $10,000 to $50,000+ depending on the estate's value, complexity, and whether there are disputes. The biggest variable is the estate's value, because most fees are percentage-based.
What Probate Actually Costs in Maryland
| Cost Category | Who Pays | Typical Range | Notes |
|---|---|---|---|
| Personal Representative Commission | Estate | 9% of first $20K + 3.6% of excess | Statutory maximum, may be less |
| Register of Wills Probate Fee | Estate | $0 — $10,000+ | Tiered by estate value |
| Court Filing Fees | Estate | $50 — $1,200 | Scaled to estate size |
| Notification Costs | Estate | $10 — $300 | Newspaper + certified mail |
| Probate Bond | Estate | 0.5% of estate value | Often waived if will names exempt PR |
| Appraisal Fee | Estate | $340 — $400 | Date-of-death appraisal |
| Attorney Fees | Estate | 3% — 5% of estate value | Or hourly rate |
| Real Estate Commissions | Estate | 5% — 6% | If property is sold |
| Title/Closing Costs | Estate | 1% — 2% of sale price | Transfer tax, recording fees |
Cost Breakdown by Estate Value
| Estate Value | PR Commission | Probate Fee | Attorney (3-5%) | Total Estimated |
|---|---|---|---|---|
| $100,000 | $6,480 | $100 | $3,000 — $5,000 | $9,580 — $11,580 |
| $250,000 | $11,880 | $200 | $7,500 — $12,500 | $19,580 — $24,580 |
| $500,000 | $20,880 | $1,000 | $15,000 — $25,000 | $36,880 — $46,880 |
| $750,000 | $29,880 | $1,000 | $22,500 — $37,500 | $53,380 — $68,380 |
| $1,000,000 | $38,880 | $2,000 | $30,000 — $50,000 | $70,880 — $90,880 |
Note: These are estimates. Actual costs depend on the estate's specific circumstances, the county, and whether there are disputes.
The Big Costs Explained
Personal Representative Commission
Maryland law sets the maximum commission at 9% of the first $20,000 of estate value, plus 3.6% of anything above that. The Orphans' Court can adjust this based on the estate's complexity, but this is the standard formula.
Example: On a $500,000 estate:
- 9% of $20,000 = $1,800
- 3.6% of $480,000 = $17,280
- Total: $19,080
This is the single largest cost in most probate estates.
Register of Wills Probate Fee
This is an official fee set by the state, based on the estate's value:
| Estate Value | Probate Fee |
|---|---|
| Under $50,000 | $0 |
| $50,000 — $99,999 | $100 |
| $100,000 — $499,999 | $200 |
| $500,000 — $999,999 | $1,000 |
| $1,000,000 — $2,499,999 | $2,000 |
| $2,500,000 — $4,999,999 | $5,000 |
| $5,000,000 — $7,499,999 | $7,500 |
| $7,500,000 — $9,999,999 | $10,000 |
| $10,000,000+ | $10,000 + 0.02% of excess |
Attorney Fees
Probate attorneys typically charge either:
- 3% to 5% of the estate's value, or
- An hourly rate ($250 — $500/hour)
The fee structure depends on the firm and the estate's complexity. Get this in writing before committing. Learn more about who pays for the probate attorney.
Real Estate Commissions
If the estate property is sold, standard commissions are 5% to 6% of the sale price, split between the listing and buyer's agents. Commissions are negotiable and not set by law.
Example: On a $500,000 home sale at 5.5% commission: $27,500
Title and Closing Costs
Standard seller closing costs in Maryland include:
- Transfer tax (typically split with buyer)
- Recordation fees
- Title insurance
- Settlement fees
Total: approximately 1% to 2% of the sale price.
What Influences the Total Cost
- Estate value — Most fees are percentage-based, so higher value = higher cost
- Complexity — Multiple properties, business interests, or out-of-state assets increase attorney fees
- Disputes — Heir disagreements significantly increase costs
- Property condition — Homes needing repairs add carrying costs
- County — Some counties process faster, reducing carrying costs
How to Reduce Probate Costs
- Use Modified Administration if eligible — Faster path, lower costs
- Get all heirs on the same page early — Disputes are expensive
- List the property early — Don't wait for probate to close
- Get the date-of-death appraisal promptly — Sets the tax basis
- Use the Probate Cost Calculator — Know your numbers before you start
Free Tool: Probate Cost Calculator
Use our free calculator to estimate your specific probate costs based on your estate's value and county.
Try the Probate Cost Calculator →
Related Guides
- Who Pays for the Probate Attorney
- see our full timeline for Maryland probate
- Maryland Estate Tax vs. Inheritance Tax
- Will I Owe Taxes When I Sell an Inherited House
- How Much Is My Inherited House Worth in Maryland?
- Probate Cost Calculator
- Personal Representative Fiduciary Duty
- Choosing the Right Title Company for a Maryland Probate Sale
- What Happens at Closing When Selling a Probate House in Maryland
- Probate Sales in Montgomery County
- Sell an Inherited House in Montgomery County, MD
- Finding a real estate agent for inherited property in Montgomery County
- Probate Sales in Prince George's County
- Probate Sales in Howard County
- Probate Sales in Anne Arundel County
- Selling a Probate House
- Schedule a Free Consultation
Frequently Asked Questions
How much does probate cost in Maryland?
Probate costs typically range from $10,000 to $50,000+ depending on the estate's value, complexity, and whether there are disputes. The biggest cost is usually the Personal Representative commission.
Who pays for probate in Maryland?
The estate pays all probate costs, including the PR commission, court fees, attorney fees, and closing costs. These are paid from estate funds before any distribution to heirs. Full guide on who pays for probate.
Can I avoid probate costs in Maryland?
Some costs can be minimized through Modified Administration or by getting all heirs to agree early. The PR commission can be reduced below the statutory maximum. But most costs are fixed.
What is the Personal Representative commission in Maryland?
The statutory maximum is 9% of the first $20,000 of estate value, plus 3.6% of anything above that. The Orphans' Court can adjust this based on the estate's complexity. Read about Personal Representative fiduciary duty.
Do I have to pay an attorney for probate?
You're not legally required to hire an attorney, but probate involves court filings, legal requirements, and potential liability. Most estates benefit from professional legal guidance.
What if the estate can't afford probate costs?
If the estate lacks liquid funds, the Personal Representative may need to front costs personally and seek reimbursement, or the estate may need to sell assets (including the property) to cover costs.
How do I know if my estate qualifies for Modified Administration?
Modified Administration is available when all residuary heirs consent and the estate meets certain criteria. Consult a probate attorney to determine eligibility.
What happens to the house during probate?
The house remains in the estate. It can be listed for sale once the PR has Letters of Administration. The sale can close while probate is still open, with proceeds held in the estate account. Learn what happens at closing.
What Happens Next
Take it one step at a time. You don't have to have every answer today.
- 1 Find out what the property is worth so the estate has a real number to work from.
- 2 Understand your options for selling, keeping, or renting before you decide anything.
- 3 Get the right help when you are ready, with guidance shaped to your estate's situation.
Marc is available for a free, no-obligation consultation whenever you are ready.
Where to Start
If you're dealing with a probate estate and need help understanding the costs and options, I'm here to help.
Schedule a Free Probate Consultation
Schedule a free consultation: Schedule Online or call (301) 660-6272.
Schedule Your ConsultationLegal Note
Marc Cormier is a licensed real estate professional with Berkshire Hathaway HomeServices PenFed Realty in Potomac, MD. This guide is for general information only and is not legal or tax advice. Consult a Maryland probate attorney and CPA for guidance specific to your situation. Equal Housing Opportunity.
