Maryland Probate Fees: What the Register of Wills Charges

The Register of Wills in each Maryland county charges administrative fees based on the gross value of the probate estate. These fees are set by statute and apply to all regular estate administrations opened on or after October 1, 2022.

Here's the complete fee schedule, plus the executor and attorney fee caps that most families don't learn about until they're already in the process.

Register of Wills Fee Schedule

These fees are based on the gross value of probate assets — property solely in the decedent's name with no beneficiary designation, joint owner, or TOD deed. Non-probate assets (joint accounts, life insurance, retirement accounts with beneficiaries, trust property) are not included in this calculation.

Additional Register of Wills charges:

• Will safekeeping deposit: $5
• Claims filing: $3
• Each additional Letter of Administration: $1

Executor and Attorney Fee Caps

Maryland law (Estates and Trusts § 7-601) caps the combined compensation of the personal representative (executor) and the estate attorney at:

• 9% of the first $20,000 of probate estate value
• 3.6% of everything above $20,000

Unless the will specifically authorizes higher fees, this statutory cap applies. The combined total includes both the executor's commission and the attorney's fees.

On a $500,000 estate, the calculation works out to: (9% × $20,000) + (3.6% × $480,000) = $1,800 + $17,280 = $19,080.

The personal representative must petition the Orphans' Court for approval of fees under Maryland Rule 6-416, unless all interested persons and open creditors consent in writing and the combined fees don't exceed the statutory cap.

Additional Costs Beyond Fees

Newspaper publication. The personal representative must publish a notice of appointment in a local newspaper for three consecutive weeks. Costs vary by county but typically run $100 to $300.

Appraisals. Real property and valuable personal property (jewelry, art, collectibles) in the probate estate must be professionally appraised for the inventory. Appraisal fees range from $300 to $1,000 depending on the property type.

Bond premiums. Unless the will waives the bond requirement, the personal representative must post a surety bond. The premium is typically 0.5% to 1% of the estate value annually. On a $500,000 estate, that's $2,500 to $5,000 per year.

Tax preparation. The estate's final income tax return, plus the Maryland Estate Tax Return (Form MET-1) for estates above $5 million, require professional preparation. CPA fees for estate tax returns typically run $1,500 to $5,000 depending on complexity.

Small Estate Exception

Estates with probate assets of $50,000 or less ($100,000 if the surviving spouse is the sole heir) qualify for the small estate administration process. Small estates pay no Register of Wills fees, require no newspaper publication (if assets don't exceed funeral expenses and family allowances), and follow a simplified timeline with fewer filings.

Modified Administration Savings

For regular estates where all residuary beneficiaries are lineal heirs (exempt from inheritance tax) and the estate is solvent, modified administration eliminates the formal inventory and standard accounting requirements. The personal representative files a Final Report within 10 months and completes distribution within 12 months. While this doesn't reduce Register of Wills fees, it can significantly reduce attorney fees by eliminating the most time-consuming filings.

How to Reduce Probate Costs

The most effective way to reduce probate fees is to reduce the probate estate — not the total estate, just the portion that passes through the Register of Wills.

Every asset you move outside probate (via TOD deed, beneficiary designation, joint ownership, or trust) reduces the gross probate estate value and the corresponding fees. A $600,000 estate with a $400,000 house on a TOD deed becomes a $200,000 probate estate — dropping the Register of Wills fee from $1,000 to $200 and the maximum combined professional fees from $22,680 to $8,280.

The Maryland Estate Planning Kit includes a probate-avoidance checklist and asset inventory that identifies which assets will pass through probate under your current setup and which transfer mechanisms can move them outside.

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