Maryland Estate Planning Kit vs Attorney — Which Makes Sense for Your Family

If you're deciding between a self-guided estate planning kit and hiring a Maryland attorney, the short answer depends on the complexity of your estate and your comfort with legal documents. For most Maryland families with straightforward situations — a home, retirement accounts, life insurance, children who need guardians — a well-built kit covers what you need at a fraction of the cost. If you have a taxable estate above $5 million, active business interests across state lines, or a contested family dynamic that may end up in Orphans' Court, hire an attorney.

Maryland is the only state in the country that imposes both a state estate tax and a separate inheritance tax. That dual-tax structure makes Maryland-specific guidance essential — and it's exactly where generic tools and even some attorneys fall short.

What an Attorney Provides

A Maryland estate planning attorney typically charges $700–$1,200 for a basic will and power of attorney package. If you need a revocable living trust, expect $1,700–$3,000. For complex estates — those above the $5 million state threshold, or involving business succession — fees can exceed $5,000.

What that money buys you is real: bespoke document drafting, a legal capacity review, and the ability to ask questions specific to your situation. An attorney can catch issues a kit can't anticipate — like whether your particular family arrangement triggers the augmented estate rule that lets a surviving spouse reach into revocable trusts and joint accounts.

What a Kit Provides

A Maryland-specific estate planning kit costs a fraction of a single attorney consultation. The Maryland Basic Estate Planning Kit covers the same core documents — last will, powers of attorney, advance directive — plus the Maryland-specific complications that generic tools miss entirely.

The critical difference between a kit and an attorney isn't the documents themselves. It's the guidance layer. A good kit explains why Maryland's dual-tax system matters, walks you through Transfer-on-Death deed recording, and maps out probate avoidance strategies under Maryland Estates and Trusts Article. A generic template from a national provider gives you a fill-in-the-blank form with no context.

Who This Is For

• Families with estates under $5 million who want to avoid Maryland's probate process
• Young parents who need guardian designations and basic documents but can't justify $1,000+ in legal fees
• Homeowners who want to use Maryland's new Transfer-on-Death Deed Act (effective October 2026) without hiring an attorney for a single deed
• Unmarried couples who need to structure their estate to avoid the 10% inheritance tax on non-lineal heirs
• Anyone who wants to understand Maryland's rules before deciding whether to hire an attorney

Who This Is NOT For

• Estates above $5 million that will owe Maryland estate tax and need tax-minimization strategies
• Families with active litigation or will contests pending in Orphans' Court
• Business owners with multi-state operations needing entity restructuring
• Anyone uncomfortable executing legal documents without attorney supervision

The Hidden Risk of Doing Neither

The biggest cost isn't the kit or the attorney — it's doing nothing. In Maryland, dying without a will means your assets pass under intestacy rules. Your surviving spouse may receive as little as half of your estate, with the rest going to children, parents, or siblings. Unmarried partners inherit nothing. And non-lineal heirs — nieces, nephews, friends — owe a flat 10% inheritance tax on everything they receive.

A basic will and beneficiary audit takes most families a few hours. The Maryland Basic Estate Planning Kit structures that process so nothing falls through the cracks — for less than the cost of a single attorney phone call.

Frequently Asked Questions

Can I start with a kit and still hire an attorney later?

Yes, and this is actually the best approach for many families. A kit helps you organize your assets, understand Maryland's rules, and identify which areas need professional attention. You'll walk into an attorney's office with a clear picture of what you need — which means less billable time and a more focused consultation.

Does a kit replace legal advice?

No. A kit provides educational guidance and structured walkthroughs based on Maryland law, but it cannot give personalized legal advice. If you have questions about whether your specific situation qualifies for Modified Administration or how the elective share applies to your blended family, consult an attorney.

Why does Maryland-specific matter? Can't I use a national template?

Maryland is the only state with both an estate tax and an inheritance tax. Generic templates built for 50 states don't address the dual-tax credit, the TOD Deed Act, or the Orphans' Court procedures that govern probate here. Using a national template in Maryland is like using a Virginia driver's manual to pass the Maryland MVA test — similar concepts, different rules.

What documents should every Maryland adult have?

At minimum: a last will and testament (two witnesses, preferably with a self-proving affidavit), a durable financial power of attorney, and a Maryland advance directive for healthcare decisions. Beyond that, most homeowners should consider a Transfer-on-Death deed or review their property titling for probate avoidance.

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