Probate Costs in Maryland
August 15, 2026 · Marc Cormier
How Much Does Probate Cost in Maryland? The Complete Guide
By Marc Cormier
Last reviewed: August 15, 2026
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
Total probate costs vary with the size and composition of the estate, so there is no single dollar range that fits every case. Maryland sets some of these costs by statute: the Personal Representative commission under Md. Code, Estates & Trusts § 7-601 and the Register of Wills probate fee under § 2-206. Attorney fees, appraisal, bond, notice, real estate commission, and closing costs are variable and are labeled below as estimates or planning assumptions, not fixed statutory rates.
Scope note: the cost discussion on this page includes attorney fees. The Probate Cost Calculator excludes attorney fees, so its estimate covers a different set of costs than the figures in this guide.
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 | Estimate, not a statutory fee; varies by court and filing type |
| Notification Costs | Estate | $10 — $300 | Estimate; newspaper and certified mail costs vary |
| Probate Bond | Estate | 0.5% of estate value | Planning assumption, not a statutory rate; often waived if will names exempt PR |
| Appraisal Fee | Estate | $340 — $400 | Estimate; date-of-death appraisal cost varies by property and appraiser |
| Attorney Fees | Estate | 3% — 5% of estate value | Market estimate; varies by attorney and estate. Must be fair and reasonable under § 7-602 |
| Real Estate Commissions | Estate | 5% — 6% | Planning assumption for a home sale, not a Maryland probate fee; commissions are negotiable |
| Title/Closing Costs | Estate | 1% — 2% of sale price | Planning estimate, not a Maryland probate fee; transfer tax and recording fees vary by county |
Scope note: this cost table is part of the guide's discussion, which includes attorney fees. The Probate Cost Calculator excludes attorney fees from its estimate. Only the PR commission and Register of Wills probate fee rows are set by Maryland statute (cited below); the remaining rows are estimates or planning assumptions for a home sale.
Cost Breakdown by Estate Value
| Estate Value | PR Commission | Probate Fee | Attorney (3-5%) | Total of Columns Shown |
|---|---|---|---|---|
| $100,000 | $4,680 | $100 | $3,000 — $5,000 | $7,780 — $9,780 |
| $250,000 | $10,080 | $200 | $7,500 — $12,500 | $17,780 — $22,780 |
| $500,000 | $19,080 | $1,000 | $15,000 — $25,000 | $35,080 — $45,080 |
| $750,000 | $28,080 | $1,000 | $22,500 — $37,500 | $51,580 — $66,580 |
| $1,000,000 | $37,080 | $2,000 | $30,000 — $50,000 | $69,080 — $89,080 |
Each total in this table is the sum of the displayed columns only: PR commission plus Register of Wills probate fee plus estimated attorney fees. It is not a full probate cost figure and excludes bond premium, appraisal, court filing, notification, real-estate commission, and closing costs, which are itemized (with estimates or assumptions) in the cost table above. This page's discussion includes attorney fees; the Probate Cost Calculator excludes them. 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 the excess above $20,000. Put the way the statute phrases it, the commission may not exceed $1,800 plus 3.6% of the excess over $20,000. See Md. Code, Estates & Trusts § 7-601. This is the standard statutory maximum; the commission may be less for simpler estates.
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 state fee under Md. Code, Estates & Trusts § 2-206, assessed on the value of the probate estate:
| 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
Maryland law does not set a flat percentage or hourly cap for probate attorneys. Under Md. Code, Estates & Trusts § 7-602, attorney compensation must be fair and reasonable in light of all the circumstances.
§ 7-604 provides one route to pay PR commissions and attorney fees without court approval: the interested persons consent in writing, the combined sum of commissions and attorney fees stays within the limit tied to § 7-601, and the consent is filed with the Register of Wills. That is a written-consent path, not a blanket cap that applies in every estate.
As market estimates, not Maryland statutory rates, attorneys commonly charge either 3% to 5% of the estate's value or an hourly rate in the range of $250 to $500 per hour. Both figures vary by attorney, firm, region, and estate complexity. Get the fee arrangement in writing before committing. Learn more about who pays for the probate attorney.
Real Estate Commissions
If the estate property is sold, commissions are commonly 5% to 6% of the sale price, split between the listing and buyer's agents. Commissions are negotiable and not set by law; treat the 5% to 6% range as a planning assumption for a home sale, not a Maryland probate fee.
Example: On a $500,000 home sale at 5.5% commission: $27,500 (planning example, not a fee set by law)
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, as a planning estimate. This is not a Maryland probate fee; transfer tax and recordation rates vary by county.
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?
Total probate costs vary with estate size and composition. Maryland sets the Personal Representative commission by statute (§ 7-601) and the Register of Wills probate fee by statute (§ 2-206); attorney fees, appraisal, bond, notice, real estate commission, and closing costs are estimates that depend on the specific estate. The biggest statutory 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 under Md. Code, Estates & Trusts § 7-601 is 9% of the first $20,000 of estate value, plus 3.6% of the excess above $20,000. It may be less for simpler estates. 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 Office: (301) 660-6272 ext. 711.
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.
