Draft state probate reference
Probate in Maryland: Small Estate and Executor Guide
This draft Maryland probate reference summarizes selected personal-representative compensation and small-estate administration concepts. It is general information only and must be checked against current Maryland law, Register of Wills instructions, and the facts of the estate.
Draft data: not verified
This page has not been verified against current official Maryland sources. Do not rely on its dollar amounts, fee summary, form name, or procedure without checking the cited statute, current court instructions, and the facts of the estate.
Executor fee rule
Maryland Estates and Trusts section 7-601 describes reasonable compensation and a commission cap table for personal representatives and special administrators.
This draft schedule applies the statutory cap percentages to a simplified property-value scenario. Actual commissions require a petition and court allowance, and the property subject to administration may differ from an informal gross estate value.
Draft schedule
- Up to 9% of the first $20,000
- $1,800 plus 3.6% of the excess over $20,000
Important limits
- Needs official verification against current Maryland law and Register of Wills guidance.
- The will may provide a larger measure of compensation, and the court controls the commission allowance.
- Real estate, expenses, objections, and the property subject to Maryland administration can affect the final amount.
Small estate information
- Draft threshold
- $50,000 or less, or $100,000 or less if the surviving spouse is the sole legatee or heir; needs official verification
- Scope
- Maryland small-estate administration depends on the value of property subject to administration in Maryland and whether the surviving spouse is the sole legatee or heir.
- Form or process name
- Small Estate Petition or Register of Wills small-estate forms; verify current county Register of Wills packet
Eligibility cautions
- Needs official verification against current law and Register of Wills forms.
- The $100,000 surviving-spouse amount is limited and should not be treated as a general threshold.
- Value is determined under the statute and may account for secured debts differently from an informal asset list.
Draft probate notes
- Start with the Register of Wills for the proper Maryland county.
- Confirm whether the estate qualifies as a small estate before using simplified forms.
- Executor compensation should be handled through the petition and court-allowance process described by current law.
Statutes and official starting points
These links are provided for independent review. Their inclusion does not mean this draft page has completed legal verification.
Other draft state references
Frequently asked questions
Is this Maryland probate information verified?
No. This is a draft reference that has not been verified against current official state sources for publication.
What is the draft Maryland small-estate threshold?
$50,000 or less, or $100,000 or less if the surviving spouse is the sole legatee or heir; needs official verification. Eligibility has additional requirements and must be confirmed for the specific estate.
How are executor fees described in Maryland?
Maryland Estates and Trusts section 7-601 describes reasonable compensation and a commission cap table for personal representatives and special administrators.
Should I rely on this page instead of legal advice?
No. Probate rules change and depend on the facts. Check current court instructions and statutes, and consult a licensed attorney for legal advice.
This tool provides general information and document templates for convenience. It is not legal advice. Laws vary by state and change over time. Consult a licensed attorney for your situation.