How Much Does An Executor Get Paid In Maryland?

02.12.2022 Irving S. Martin 0 Comments

Executor Fees by State Interactive Map – Click on your state in the map below to see the executor fees you’re entitled to: Disclaimer: The information contained herein is not intended to be legal advice. Instead it is a guide of where to start when looking for executor fees in particular states.

Some states allow executor compensation mentioned in a will to govern, others do not. Many of the laws governing executor compensation are complex and constantly changing, and we may have left out specific exclusions and exceptions. You should consult an estate attorney or the probate court for guidance.

Alabama is a reasonable compensation state for executor fees. In states that use reasonable compensation to determine executor fees, it means compensation is determined by the probate court. Typically, the probate court will find executor compensation reasonable if it is in line with what people have received in the past as compensation in that area.

For example, if in the last year, executor fees were typically 1.5%, then 1.5% would be considered reasonable and 3% may be unreasonable. But the court can take into account other factors such as how complicated the estate is to administer and may increase or decrease the amount from there. The Alabama executor fee has a restriction, though.

Even though executor compensation in Alabama is supposed to be reasonable compensation, Alabama executor fees should not exceed 2.5%. Alaska is a reasonable compensation state for executor fees. In states that use reasonable compensation to determine executor fees, it means compensation is determined by the probate court.

Typically, the probate court will find executor compensation reasonable if it is in line with what people have received in the past as compensation in that area.
For example, if in the last year, executor fees were typically 1.5%, then 1.5% would be considered reasonable and 3% may be unreasonable.
But the court can take into account other factors such as how complicated the estate is to administer and may increase or decrease the amount from there.

Arizona is a reasonable compensation state for executor fees. In states that use reasonable compensation to determine executor fees, it means compensation is determined by the probate court. Typically, the probate court will find executor compensation reasonable if it is in line with what people have received in the past as compensation in that area.

For example, if in the last year, executor fees were typically 1.5%, then 1.5% would be considered reasonable and 3% may be unreasonable. But the court can take into account other factors such as how complicated the estate is to administer and may increase or decrease the amount from there. Arkansas is a reasonable compensation state for executor fees.

In states that use reasonable compensation to determine executor fees, it means compensation is determined by the probate court. Typically, the probate court will find executor compensation reasonable if it is in line with what people have received in the past as compensation in that area.

For example, if in the last year, executor fees were typically 1.5%, then 1.5% would be considered reasonable and 3% may be unreasonable.
But the court can take into account other factors such as how complicated the estate is to administer and may increase or decrease the amount from there.
The Arkansas executor fee has a restriction, though.

Even though executor compensation in Arkansas is supposed to be reasonable compensation, Arkansas executor fees, by law should not exceed certain amounts. Reasonable compensation for executor fees in Arkansas should not to exceed ten percent (10%) of the first $1,000, five percent (5%) of the next $4,000, and three percent (3%) of the rest.

California sets executor compensation by statute.
In states that set specific executor compensation rates by statute, you must use these statutes to calculate executor fees.
So how much should an executor of an estate be paid in California?
Executor fees in California are subject to this formula:

Four percent (4%) on the first $100,000
Three percent (3%) on the next $100,000
Two percent (2%) on the next $800,000
One percent (1%) on the next $9,000,000
One-half of one percent (0.5%) on the next $15,000,000
For all amounts above $25,000,000, remaining executor fees in California are to be a reasonable amount as determined by the court

Colorado does not have a statute governing executor compensation, which you can typically take to mean that Colorado executor fees fit within the reasonable compensation heading. In states that use reasonable compensation to determine executor fees, it means compensation is determined by the probate court.

Typically, the probate court will find executor compensation reasonable if it is in line with what people have received in the past as compensation in that area. For example, if in the last year, executor fees were typically 1.5%, then 1.5% would be considered reasonable and 3% may be unreasonable. But the court can take into account other factors such as how complicated the estate is to administer and may increase or decrease the amount from there.

Connecticut does not have a statute governing executor compensation, but case law seems to suggest that Connecticut executor fees fit within the reasonable compensation heading. In states that use reasonable compensation to determine executor fees, it means compensation is determined by the probate court.

Delaware is a reasonable compensation state for executor fees. In states that use reasonable compensation to determine executor fees, it means compensation is determined by the probate court. Typically, the probate court will find executor compensation reasonable if it is in line with what people have received in the past as compensation in that area.

For example, if in the last year, executor fees were typically 1.5%, then 1.5% would be considered reasonable and 3% may be unreasonable.
But the court can take into account other factors such as how complicated the estate is to administer and may increase or decrease the amount from there.
Florida is a reasonable compensation state for executor fees.

For example, if in the last year, executor fees were typically 1.5%, then 1.5% would be considered reasonable and 3% may be unreasonable.
But the court can take into account other factors such as how complicated the estate is to administer and may increase or decrease the amount from there.
Executor fees in Georgia are governed by an extensive set of laws, including taking into account executor fees set by a will or other agreement.

With lots of rules governing, the Georgia executor compensation can be boiled down to a general fee of 2.5%. Hawaii is a reasonable compensation state for executor fees. In states that use reasonable compensation to determine executor fees, it means compensation is determined by the probate court.

Idaho is a reasonable compensation state for executor fees. In states that use reasonable compensation to determine executor fees, it means compensation is determined by the probate court. Typically, the probate court will find executor compensation reasonable if it is in line with what people have received in the past as compensation in that area.

For example, if in the last year, executor fees were typically 1.5%, then 1.5% would be considered reasonable and 3% may be unreasonable. But the court can take into account other factors such as how complicated the estate is to administer and may increase or decrease the amount from there. Illinois is a reasonable compensation state for executor fees.

For example, if in the last year, executor fees were typically 1.5%, then 1.5% would be considered reasonable and 3% may be unreasonable.
But the court can take into account other factors such as how complicated the estate is to administer and may increase or decrease the amount from there.
Indiana is a reasonable compensation state for executor fees.

For example, if in the last year, executor fees were typically 1.5%, then 1.5% would be considered reasonable and 3% may be unreasonable. But the court can take into account other factors such as how complicated the estate is to administer and may increase or decrease the amount from there. Iowa is a reasonable compensation state for executor fees.

For example, if in the last year, executor fees were typically 1.5%, then 1.5% would be considered reasonable and 3% may be unreasonable.
But the court can take into account other factors such as how complicated the estate is to administer and may increase or decrease the amount from there.
Iowa executor compensation has a restriction, though.

Iowa executor fees, by law, should not exceed certain amounts. Reasonable fees are not to exceed six percent (6%) for the first $1,000; four percent (4%) for the next $1,000-$5,000; and two percent (2%) for remaining amounts greater than $5,000. Kansas is a reasonable compensation state for executor fees.

In states that use reasonable compensation to determine executor fees, it means compensation is determined by the probate court. Typically, the probate court will find executor compensation reasonable if it is in line with what people have received in the past as compensation in that area. For example, if in the last year, executor fees were typically 1.5%, then 1.5% would be considered reasonable and 3% may be unreasonable.

But the court can take into account other factors such as how complicated the estate is to administer and may increase or decrease the amount from there. Kentucky law says that executor fees should not exceed five percent (5%). But how much should you choose as an executor fee in Kentucky without more specific guidelines than that? You should treat Kentucky executor compensation like states that are reasonable compensation states.

In states that use reasonable compensation to determine executor fees, it means compensation is determined by the probate court.
Typically, the probate court will find executor compensation reasonable if it is in line with what people have received in the past as compensation in that area.
For example, if in the last year, executor fees were typically 1.5%, then 1.5% would be considered reasonable and 3% may be unreasonable.

But the court can take into account other factors such as how complicated the estate is to administer and may increase or decrease the amount from there. Louisiana law allows for a reasonable amount of executor compensation set out in a will. If there is nothing listed in the will, then 2.5% is a typical Louisiana executor fee.

Maine is a reasonable compensation state for executor fees. In states that use reasonable compensation to determine executor fees, it means compensation is determined by the probate court. Typically, the probate court will find executor compensation reasonable if it is in line with what people have received in the past as compensation in that area.

Maryland is a reasonable compensation state for executor fees.
Maryland executor compensation has a restriction, though.
Maryland executor fees, by law, should not exceed certain amounts.
Reasonable compensation is not to exceed 9% if less than $20,000; and $1,800 plus 3.6% of the excess over $20,000.
Massachusetts is a reasonable compensation state for executor fees.

For example, if in the last year, executor fees were typically 1.5%, then 1.5% would be considered reasonable and 3% may be unreasonable. But the court can take into account other factors such as how complicated the estate is to administer and may increase or decrease the amount from there. Michigan is a reasonable compensation state for executor fees.

For example, if in the last year, executor fees were typically 1.5%, then 1.5% would be considered reasonable and 3% may be unreasonable.
But the court can take into account other factors such as how complicated the estate is to administer and may increase or decrease the amount from there.
Minnesota is a reasonable compensation state for executor fees.

For example, if in the last year, executor fees were typically 1.5%, then 1.5% would be considered reasonable and 3% may be unreasonable.
But the court can take into account other factors such as how complicated the estate is to administer and may increase or decrease the amount from there.
Mississippi is a reasonable compensation state for executor fees.

Missouri sets executor compensation by statute.
In states that set specific executor compensation rates by statute, you must use these statutes to calculate executor fees.
So how much should an executor of an estate be paid in Missouri?
Executor fees in Missouri are subject to this formula:

First $5,000 is 5%
Next $20,000 is 4%
Next $75, 000 is 3%
Next $300, 000 is 3.75%
Next $600,000 is 2.5%
Greater than $1,000,000 is 2%

Montana sets executor compensation by statute.
In states that set specific executor compensation rates by statute, you must use these statutes to calculate executor fees.
So how much should an executor of an estate be paid in Montana?
Executor fees in Montana are subject to this formula:

First $40,000 is 3%
Greater than $40,000 is 2%

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Montana also sets minimum compensation as the lesser of $100 or the value of the gross estate. Nebraska is a reasonable compensation state for executor fees. In states that use reasonable compensation to determine executor fees, it means compensation is determined by the probate court.

Nevada sets executor compensation by statute.
In states that set specific executor compensation rates by statute, you must use these statutes to calculate executor fees.
So how much should an executor of an estate be paid in Nevada?
Executor fees in Nevada are subject to this formula:

First $15,000 is 4%
Next $85,000 is 3%
Greater than $100,000 is 2%

New Hampshire is a reasonable compensation state for executor fees. In states that use reasonable compensation to determine executor fees, it means compensation is determined by the probate court. Typically, the probate court will find executor compensation reasonable if it is in line with what people have received in the past as compensation in that area.

New Jersey sets executor compensation by statute.
In states that set specific executor compensation rates by statute, you must use these statutes to calculate executor fees.
So how much should an executor of an estate be paid in New Jersey?
Executor fees in New Jersey are subject to this formula:

First $200,000 is 5%
$200,001-$1,000,000 is 3.5%
Greater than $1,000,000 is 2%

New Mexico is a reasonable compensation state for executor fees. In states that use reasonable compensation to determine executor fees, it means compensation is determined by the probate court. Typically, the probate court will find executor compensation reasonable if it is in line with what people have received in the past as compensation in that area.

New York sets executor compensation by statute.
In states that set specific executor compensation rates by statute, you must use these statutes to calculate executor fees.
So how much should an executor of an estate be paid in New York?
Executor fees in New York are subject to this formula:

First $100,000 is 5%
Next $200,000 is 4%
Next $700,000 is 3%
Next $4,000,000 is 2.5%
Remaining amounts greater than $5,000,000 is 2%

North Carolina law says that executor fees are up to the discretion of the clerk of the superior court but should not exceed five percent (5%). But how much should you choose as an executor fee in North Carolina without more specific guidelines than that? You should treat North Carolina executor compensation like states that are reasonable compensation states.

In states that use reasonable compensation to determine executor fees, it means compensation is determined by the probate court.
Typically, the probate court will find executor compensation reasonable if it is in line with what people have received in the past as compensation in that area.
For example, if in the last year, executor fees were typically 1.5%, then 1.5% would be considered reasonable and 3% may be unreasonable.

But the court can take into account other factors such as how complicated the estate is to administer and may increase or decrease the amount from there. North Dakota is a reasonable compensation state for executor fees. In states that use reasonable compensation to determine executor fees, it means compensation is determined by the probate court.

Ohio sets executor compensation by statute.
In states that set specific executor compensation rates by statute, you must use these statutes to calculate executor fees.
So how much should an executor of an estate be paid in Ohio?
Executor fees in Ohio are subject to this formula:

First $100,000 is 4%
$100,001-$400,000 is 3%
Greater than $400,000 is 2%

Oklahoma sets executor compensation by statute.
In states that set specific executor compensation rates by statute, you must use these statutes to calculate executor fees.
So how much should an executor of an estate be paid in Oklahoma?
Executor fees in Oklahoma are subject to this formula:

First $1,000 is 5%
Next $5,000 is 4%
Remaining amounts greater than $6,000 is 2.5%

Oregon sets executor compensation by statute.
In states that set specific executor compensation rates by statute, you must use these statutes to calculate executor fees.
So how much should an executor of an estate be paid in Oregon?
Executor fees in Oregon are subject to this formula:

First $1,000 is 7%
$1,001-$10,000 is 4%
$10,001-$50,000 is 3%
Greater than $50,000 is 2%

Pennsylvania is a reasonable compensation state for executor fees. In states that use reasonable compensation to determine executor fees, it means compensation is determined by the probate court. Typically, the probate court will find executor compensation reasonable if it is in line with what people have received in the past as compensation in that area.

For example, if in the last year, executor fees were typically 1.5%, then 1.5% would be considered reasonable and 3% may be unreasonable. But the court can take into account other factors such as how complicated the estate is to administer and may increase or decrease the amount from there. Rhode Island is a reasonable compensation state for executor fees.

For example, if in the last year, executor fees were typically 1.5%, then 1.5% would be considered reasonable and 3% may be unreasonable.
But the court can take into account other factors such as how complicated the estate is to administer and may increase or decrease the amount from there.
South Carolina is a reasonable compensation state for executor fees.

For example, if in the last year, executor fees were typically 1.5%, then 1.5% would be considered reasonable and 3% may be unreasonable.
But the court can take into account other factors such as how complicated the estate is to administer and may increase or decrease the amount from there.
The South Carolina executor fee has a restriction, though.

Even though executor compensation in South Carolina is supposed to be reasonable compensation, South Carolina executor fees should not exceed 5%. South Dakota is a reasonable compensation state for executor fees. In states that use reasonable compensation to determine executor fees, it means compensation is determined by the probate court.

Typically, the probate court will find executor compensation reasonable if it is in line with what people have received in the past as compensation in that area.
For example, if in the last year, executor fees were typically 1.5%, then 1.5% would be considered reasonable and 3% may be unreasonable.
But the court can take into account other factors such as how complicated the estate is to administer and may increase or decrease the amount from there.

But unlike other states, South Dakota law sets forth factors to be considered when the court makes a determination of a reasonable fee. Tennessee is a reasonable compensation state for executor fees. In states that use reasonable compensation to determine executor fees, it means compensation is determined by the probate court.

Texas sets executor compensation by statute.
In states that set specific executor compensation rates by statute, you must use these statutes to calculate executor fees.
Executor compensation in Texas is typically 5%.

Utah is a reasonable compensation state for executor fees. In states that use reasonable compensation to determine executor fees, it means compensation is determined by the probate court. Typically, the probate court will find executor compensation reasonable if it is in line with what people have received in the past as compensation in that area.

For example, if in the last year, executor fees were typically 1.5%, then 1.5% would be considered reasonable and 3% may be unreasonable. But the court can take into account other factors such as how complicated the estate is to administer and may increase or decrease the amount from there. While Vermont uses the term “necessary expenses,” it can be interpreted as being a reasonable compensation state for executor fees.

For example, if in the last year, executor fees were typically 1.5%, then 1.5% would be considered reasonable and 3% may be unreasonable.
But the court can take into account other factors such as how complicated the estate is to administer and may increase or decrease the amount from there.
Virginia is a reasonable compensation state for executor fees.

For example, if in the last year, executor fees were typically 1.5%, then 1.5% would be considered reasonable and 3% may be unreasonable. But the court can take into account other factors such as how complicated the estate is to administer and may increase or decrease the amount from there. Washington is a reasonable compensation state for executor fees.

West Virginia sets executor compensation by statute.
In states that set specific executor compensation rates by statute, you must use these statutes to calculate executor fees.
So how much should an executor of an estate be paid in West Virginia?
Executor fees in West Virginia are subject to this formula:

First $100,000 is 5%
$100,001-$400,000 is 4%
$400,001-$800,000 is 3%
Remaining amounts greater than $800,000 is 2%

Wisconsin sets executor compensation by statute.
In states that set specific executor compensation rates by statute, you must use these statutes to calculate executor fees.
Executor compensation in Wisconsin is typically 2%.

Wyoming sets executor compensation by statute.
In states that set specific executor compensation rates by statute, you must use these statutes to calculate executor fees.
So how much should an executor of an estate be paid in Wyoming?
Executor fees in Wyoming are subject to this formula:

First $1,000 is 10%
$1,001-$5,000 is 5%
$5,001-$20,000 is 3%
Remaining amounts greater than $20,000 is 2%

: Executor Fees By State

Contents

- 0.0.1 How does an executor get paid in Maryland?

1 How long does an executor have to settle an estate in Maryland?
2 How much can a personal representative charge in Maryland?
3 Do executors to a will get paid?
4 How much can an executor charge an estate in Maryland?
- - 4.0.1 What is the executor of a will entitled to in Maryland?
  - 4.0.2 How long does it take to receive inheritance from a will in Maryland?
5 How much does an administrator of an estate get paid in Maryland?
6 How much should I pay an executor of a will?
7 Does the executor pay the beneficiaries?
- 7.1 Can an executor get paid from estate?

How does an executor get paid in Maryland?

How Much Does an Executor in Maryland Get Paid? – According to Maryland statutes, the personal representative receives nine percent of the value of the estate as long as the estate has a value of $20,000 or under. If the estate is worth more than $20,000, the fee is $1800 plus another 3.6 percent of the value over $20,000.

How long does an executor have to settle an estate in Maryland?

General Estate Information Guide The purpose of this publication is to provide a quick-reference explanation of the procedural matters involved in the administration of estates. If you would like a more thorough version, please refer to the, Nothing contained herein is intended to advise anyone as to the legal remedies for a particular circumstance.

The Register of Wills and employees may assist with the necessary forms but cannot render legal advice. It is hoped that this brochure will be useful to you in answering general questions on how to proceed with the administration of an estate. REVISED AS OF JANUARY 1, 2004, AND EFFECTIVE FOR PERSONS DYING ON OR AFTER THAT DATE UNLESS OTHERWISE NOTED.

VARYING LAWS MAY APPLY FOR PERSONS DYING PRIOR THERETO. ESTATES AND TRUSTS LAWS ARE SUBJECT TO CHANGE BY THE LEGISLATURE AT ANY TIME. Maryland law requires that the custodian of a document appearing to be the last Will (including Codicils, if any) of the decedent shall file it promptly with the Register of Wills in the county where the decedent was domiciled at the time of death, even if it is not to be offered for probate.

When there are any assets in the decedent’s name alone (including interests held as a tenant-in-common), they must be reported to the Register of Wills.
A Personal Representative must be appointed by the Register of Wills or the Orphans’ Court before disposing of any assets.
When appointed, Letters of Administration will be issued to the Personal Representative.

Forms and procedures herein are mandated by Maryland Code and Maryland Rules. ( are available from the Register of Wills Office.)

SMALL ESTATES Assets subject to administration valued at $50,000 or less ($100,000 if the spouse is the sole legatee or heir)
For persons dying prior to October 1, 2012, the Small Estate limit is $30,000 or less (or $50,000 or less if the sole heir or legatee is the surviving spouse)
(FOR PERSONS DYING ON OR AFTER JANUARY 1, 1998 ONLY, Small Estate value is determined by the fair market value of property less debts of record secured by the property, as of the date of death, to the extent that insurance benefits are not payable to the lien holder or secured party for secured debt.)

Petition for Probate with Schedule B attached (Required appraisals must be submitted. The value of each item shall be fairly appraised as of the date of death. The Personal Representative may appraise corporate stocks listed on a national or regional exchange or over-the-counter securities, debts owed to the decedent, bank accounts, building or savings and loan association shares, and money. All other assets must be appraised by qualified disinterested appraisers. For persons dying on or after January 1, 1998, an alternate procedure is available for valuing real estate.)
List of Interested Persons listing the names and addresses of those named in the Will, if any, and those who would inherit if there were no Will. (See “How Will My Property Be Distributed If I Die Without A Will?” )
Consent to Appointment of Personal Representative (Only applicable if the person named in the Will, if any, or the person entitled to appointment, is not applying.)
Appointment of Resident Agent if petitioner is not a Maryland resident
Proof of Execution of Will if Will lacks an attestation clause
Information Report listing trusts, jointly held property, retirement and P.O.D. accounts, gifts made within two years of death, and other non-probate property
Notice of Appointment ~ Notice to Creditors designating an approved newspaper for publication may be required for certain small estates. (Leave dates blank except date of death.)
Bond (Required in certain small estates.)
Paid funeral bill
Copy of death certificate (available from Division of Vital Records)
Commissions are not available under a Small Estate administration.
Petition for Probate with Schedule C attached. A request for a Limited Order to locate the Assets or locate the Will requires the name, address and a statement as to why the limited order is necessary. The limited order will either allow the search for assets titled in the name of the decedent or the entrance of the safe deposit box in the presence of the Register of Wills or authorized deputy to locate the Will for delivery to the office.

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If more than four Letters of Administration are required, an additional fee of $1.00 each will be charged. REGULAR ESTATES Assets subject to administration in excess of $50,000 ($100,000 if the spouse is the sole legatee or heir) For persons dying prior to October 1, 2012, a Regular Estate consists of assets with a gross value in excess of $30,000 (or $50,000 if the sole heir or legatee is the surviving spouse)

Petition for Probate with Schedule A attached
Notice of Appointment ~ Notice to Creditors designating an approved newspaper for publication (Leave dates blank except date of death.)
Bond (Required by law.)*
Consent to Appointment of Personal Representative (Only applicable if the person named in the Will, if any, or the person entitled to appointment, is not applying.)
Appointment of Resident Agent if petitioner is not a Maryland resident
Proof of Execution of Will if Will lacks attestation clause
List of Interested Persons** (names and addresses of those named in the Will, if any, and those who would inherit if there were no Will as set forth in “How Will My Property Be Distributed If I Die Without A Will?” )
Copy of death certificate (available from Division of Vital Records)

*In Judicial Probate, this form must be filed immediately after the Court appoints a Personal Representative or a Special Administrator.
**Must be filed (a) within 20 days after appointment of a Personal Representative under Administrative Probate, or (b) at the time of filing a Petition for Judicial Probate.
It is the duty of every Personal Representative or Special Administrator of a regular estate to timely file the following documents in the Register of Wills Office:

Inventory and Information Report – WITHIN THREE MONTHS from date of appointment, a complete Inventory with Schedules and an Information Report (see #6 under Small Estates) along with the required appraisals, must be submitted. The value of each item shall be fairly appraised as of the date of death and stated in the Inventory.

The Personal Representative may appraise corporate stocks listed on a national or regional exchange or over-the-counter securities, debts owed to the decedent, bank accounts, building or savings and loan association shares, and money. All other assets must be appraised by qualified disinterested appraisers.

(For persons dying on or after January 1, 1998, an alternate procedure is available for valuing real estate.) First Account – WITHIN NINE MONTHS from the date of appointment, the First Account must be filed. The Account must include the inventoried assets and all activity of the administration.

All receipts, including income, sales and redemptions, disbursements, distributions, and value of assets remaining in the hands of the Personal Representative must be reported. Documentation of transactions is required. Subsequent Accounts – MUST BE FILED as required by law until the estate is closed.

Petitions for Personal Representative Commissions and Attorneys Fees- Fees and commissions are subject to Court approval UNLESS the person died on or after January 1, 1998 AND (1) each creditor, who has filed a claim that is still open, and all interested persons consent in writing to the payment; (2) the combined sum of commissions and attorneys fees does not exceed the amounts provided below; and (3) the signed written consent form states the amounts of the payments and is filed with the Register of Wills.

Commissions may not exceed those computed as follows:

If the property subject to administration is:	The commission may not exceed:
Not over $20,000	9.0%
Over $20,000	$1,800 plus 3.6% of the excess over $20,000

Probate Fees -The following fees will be assessed at the time of filing the First Account. Additional fees will be assessed when filing each subsequent Account if the probate estate increases. The value of the probate estate is the sum of all Inventories, principal and income receipts, and increases realized on a disposition, less decreases realized (other than a distribution to beneficiaries).

While the probate fee covers the cost of filing and recording documents in non-controversial estates, additional fees will be charged in controversial estates and for more than twelve Letters of Administration or two certified copies of the Will.
The estate shall pay the expense of mailing the Notice of Appointment.

IMPORTANT: Effective October 1, 2022, no fees are due on Small Estates even if valued between $50,000 and $100,000 with a spouse as a sole heir or legatee.

Value Of Probate Estate Is At Least:	But Less Than:	The Fee Is:
0	50,000	$ 0
50,000	100,000	$ 100
100,000	500,000	$ 200
500,000	1,000,000	$ 1,000
1,000,000	2,500,000	$ 2,000
2,500,000	5,000,000	$ 5,000
5,000,000	7,500,000	$ 7,500
7,500,000	10,000,000	$ 10,000
10,000,000	–	$ 10,000 plus,02% of excess over $10,000,000

NOTICE: Effective October 1, 2022, the probate fees apply to estates opened on or after October 1, 2022. MODIFIED ADMINISTRATION For persons dying on or after October 1, 1997, Modified Administration is an option available to a Personal Representative within three months from the date of appointment.

The process, which is to be completed within twelve months, is available only if all residuary legatees or heirs are exempt from inheritance tax or the decedent’s personal representative and all trustees of any trusts are limited to the decedents Personal Representative, spouse and children, and if the estate is solvent and sufficient assets exist to satisfy all testamentary gifts.

All of the stated persons must file a written consent. (Forms and reporting requirements are different from those noted above under Regular Estates.) FOREIGN PERSONAL REPRESENTATIVE When the decedent died domiciled other than in Maryland owning real property in Maryland at the time of death, the person appointed Personal Representative in that jurisdiction shall file an Application by Foreign Personal Representative to Set Inheritance Tax with the Register of Wills for the county where the largest part in value of the Maryland property is located.

This form, which lists the necessary requirements for filing, may be obtained from any Register of Wills Office in Maryland.
Probate fees, costs and inheritance taxes will be assessed by the Register.
Commencing on appointment until the time for filing claims has expired, the Personal Representative shall make a reasonably diligent effort to ascertain the names and addresses of the decedent’s creditors and mail or otherwise deliver to them a copy of the Notice of Appointment-Notice to Creditors.

INHERITANCE TAXES (Effective for persons dying on or after July 1, 2000. Different laws apply for persons dying prior to that date.) Property subject to inheritance tax:

Property passing by Will or under the laws of intestacy
Any interest as a joint owner (other than a surviving spouse) in any real or personal property, including credit union, bank, or other financial institution accounts
A material part of the decedent’s property transferred by the decedent within two years of death (other than a bona fide sale) in the nature of a final disposition or distribution, including any transfer that resulted in joint ownership of property, if the transfer is made in contemplation of death
Property over which the decedent retained any dominion at the time of death, including a beneficial interest, a power of revocation, or a power of appointment by Will or otherwise. This includes trusts, P.O.D. accounts, annuities or other public or private employee pension or benefit plans that are taxable for federal estate tax purposes, life estates and other interests less than absolute, in trust or otherwise

Exemptions from inheritance tax::

Property that passes from a decedent to or for the use of a grandparent, parent, spouse, child or other lineal descendant, spouse of a child or other lineal descendant, stepparent, stepchild, brother or sister of the decedent, or a corporation if all of its stockholders consist of the surviving spouse, parents, stepparents, stepchildren, brothers, sisters, and lineal descendants of the decedent and spouses of the lineal descendants
Life insurance benefits not payable to the estate of the insured
Grave maintenance up to $500 passing under a Will for the perpetual upkeep of graves
Property passing to a non-profit organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code if incorporated in Maryland or if there is a reciprocal agreement with the jurisdiction where the organization has its principal office
State, county or municipal corporations
Property administered under a Small Estate proceeding
Property passing to any one person not exceeding a total of $1,000
Personal property of a non-resident with the exception of tangible property located in Maryland
Income, including gains and losses, accrued on probate assets after the date of death of decedent (However, it is reportable to the State of Maryland as estate income.) (# 9 became effective January 1, 1998.)
Effective 7/1/09 – TG 7-203-1 – Specified property that passes from a decedent to or for the use of a domestic partner of a decedent; etc.
Effective 10/1/2019 – TG 7-203(m) – Real property subject to perpetual conservation easement.

Lineal Tax Rate applies to distributions to lineal heirs or legatees from a decedent dying prior to July 1, 2000, and may be obtained by contacting the Register of Wills Office. Collateral Tax Rate of 10% applies to property passing to persons or organizations not identified as exempt.

Spouse and minor children of the decedent- spouse receives one-half, children share remaining one-half
Spouse and children (all adult) of the decedent- spouse receives $40,000 ($15,000 if date of death is prior to 10/1/2017) plus one-half of remaining estate-children divide balance (the interest of a predeceased child passes to issue of that child)
Children only of the decedent- children (does not include step-children) divide entire estate (the interest of a predeceased child passes to issue of that child)
Spouse and parents of the decedent- spouse receives $40,000 ($15,000 if date of death is prior to 10/1/2017) plus one-half of remaining estate, if married less than 5 years – both parents divide balance or surviving parent takes balance. (If married more than 5 years see #5)
Spouse of the decedent without other heirs listed above- spouse receives entire estate
Parents of the decedent without other heirs listed above- both parents divide entire estate or surviving parent takes all
Brothers/sisters of the decedent without heirs listed above- brothers and sisters divide estate equally (share of deceased sibling goes to their issue-nieces and nephews of the decedent)
Grandparents without other heirs listed above- grandparents divide entire estate or, if deceased, to their issue (see applicable law for details)
Great-grandparent without other heirs listed above- great-grandparents divide entire estate or, if deceased, to their issue (see applicable law for details)
Step-children- if there are no heirs listed above
No living heirs or step-children- If decedent was a recipient of long-term care benefits under the Maryland Medical Assistance Program at time of death, net estate is paid to Department of Health and Mental Hygiene. Otherwise, the net estate is paid to the Board of Education.

All references to “Estate or Administration” only control assets that are in the decedent’s name alone or as tenants in common.
10/2022

: General Estate Information Guide

How much can a personal representative charge in Maryland?

Commissions | Estates Attorneys | Annapolis, MD 4.1.2.1 The personal representative is entitled to “reasonable compensation for services.” Statutory commissions for personal representatives are expressed as a maximum: not to exceed $1,800 plus 3.6% of the excess over $20,000 unless a larger amount is provided by the will.

Sec.7-601, Estates and Trusts Article.4.1.2.1.1 Often a family member who is the primary heir is named as personal representative (e.g.
The spouse) thereby adding planning potential.
The top marginal rate for federal estate tax purposes is substantially higher than the top marginal income tax rate.4.1.2.1.2 If there is a separately stated attorney fee, the Orphans’ Court shall permit such a fee but it “shall take into consideration in making its determination, what would be a fair and reasonable total charge for the cost of administering the estate under this article, and it shall not allow aggregate compensation in excess of that figure.” Sec.7-602, Estates and Trusts Article.4.1.2.1.2.1 In practice this usually caps the combined total at the “statutory rate” under Sec.7-601 unless extraordinary circumstances merit special consideration.4.1.2.1.2.1 Note that a separate provision authorizes litigation expenses – including counsel fees.

Sec.7-603, Estates and Trusts Article.4.1.2.2 Trustees are likewise entitled to commissions for their services in administering a trust. These commissions are two-fold: an income based commission and a commission based on corpus. The income portion is graduated from 6.5% on the first $10,000; 6% on the next $10,000; 4% on the next $10,000 and 3% thereafter.

Commissions on managing real estate rentals, mortgages or ground rents, however, is a flat 6%.
The corpus commissions are also graduated: 0.4% on the first $250,000; 0.25% on the next $250,000; 3/20ths of 1% on the next $500,000 and so on.4.1.2.3 Regardless of the statutory scheme, professional advisors are going to seek compensation for services.

| : Commissions | Estates Attorneys | Annapolis, MD

Do executors to a will get paid?

When can an executor who is engaged in business rely upon a professional charging clause in a Will? If you are appointed an executor/trustee by a Will, the general rule is that you will not be entitled to be paid for the time you spend in administering the estate.

You can however recover your reasonable expenses.
There is an exception to this where the Will or trust instrument includes a “charging clause” which permits an executor / trustee who is engaged in a profession or business to charge for their services incurred in connection with the administration of the estate.

Generally this is included to permit a solicitor or an accountant appointed as a professional executor or trustee to charge for their services. In the recent case of Da Silva v Heselton (and Others) EWHC 3079 (CH) the question arose as to whether an executor who is engaged in a profession or business unrelated to the administration of trusts or estates can rely upon a common form of professional charging clause to charge for their time spent on the administration of the estate.

How much can an executor charge an estate in Maryland?

PERSONAL REPRESENTATIVE AND/OR ATTORNEY A creditor or an interested party may, but is not required to, consent to these fees. The formula sets total compensation at 9% of the first $20,000 of the adjusted estate subject to administration PLUS 3.6% of the excess over $20,000.

What is the executor of a will entitled to in Maryland?

Maryland Executor Payment for Administration of the Estate – Being an executor is a demanding job, requiring a considerable amount of time and effort. A person who accepts the position has a fiduciary duty to serve the beneficiaries’ interests over their own.

9 percent on the first $20,000 of estate assets.3.6 percent, plus $1,800 for an estate value of over $20,000.

For example, if an estate is worth $10,000, the executor’s payment will be about $900, but if the value of the estate is $1 million, the executor’s fees would be roughly $37,080. Funds that pass directly to beneficiaries are not included in executor fee calculations.

You might be interested: How To File A Lawsuit In Maryland?

How long does it take to receive inheritance from a will in Maryland?

Length of Probate Process in Maryland – The administration of an estate often takes approximately one year. This includes marshaling all of the assets, valuing the assets as of the date of death and then making the distribution. Movies and television have lead some individuals to mistakenly believe that immediately after an individual’s death, there is a will reading and assets are distributed.

In the Maryland probate process, there is no requirement for an official will reading. In cases that are plagued with family fighting issues, valuing or marshaling the assets or other issues the administration of the estate can take much longer. For example, planning for estate administration often happens for individuals while they are still alive.

An individual may work with an estate planning attorney to create a tailored estate plan to accomplish their wishes and include documents such as the last will and testament, trust for spouses, trust for minor children and grandchildren. In addition, in the estate planning stage, an individual may coordinate beneficiary designations and asset titling to ensure that there is enough liquidity in his or her estate to prepare for estate taxes, to minimize the exposure to estate taxes and plan for the smooth distribution of his or her assets to loved ones.

How much does an administrator of an estate get paid in Maryland?

More videos on YouTube If compensation specified by the will is not greater, Maryland statute dictates that compensation should be ‘reasonable’, and should not exceed the following percentages of the estate (as calculated before considering any debts or obligations): 9.0% on the first $20K.3.6% on anything more.

How much should I pay an executor of a will?

Professional executors You might have to pay an hourly charge or a percentage of the estate, often between 1% and 5%.

Can I charge expenses as an executor?

What Expenses Are Executors Entitled to? The person named in a Will as the executor is responsible for the winding up of the estate when someone dies. The role can be onerous and time-consuming as well as involve numerous expenses. Dealing with the administration of an estate can be complex. An executor cannot claim for the time they have incurred; however they are entitled to be reimbursed for the reasonable costs of the administration.

What is the role of an executor? The executor is tasked with finalising all administrative matters, to include collecting in and valuing assets, accounting for tax, preparing estate accounts and distributing the estate to the named beneficiaries.
The job can take many months and involve extensive paperwork, particularly when an estate is sizeable or complicated.

If there is a property to be sold, this can be particularly time-consuming as it will need to be cleared and marketed. What are reasonable probate expenses? Executors may claim reasonable expenses from the estate funds. There is no exact definition of what a reasonable expense is, but an expense that arises from properly carrying out the estate administration would usually be allowed.

• Funeral expenses• Probate Registry fees• Professional fees, such as a solicitor’s, surveyor’s, or valuer’s costs• Estate agency and other fees in respect of the sale of any property• House clearance• Property insurance• Maintenance costs, such as gardening or cleaning• Other reasonable expenses such as substantial travel or postage costsThe estate will also pay all debts owed by the deceased, such as Income or Inheritance Tax and utility bills. Who is entitled to see estate accounts?

Once the executor has finalised the estate accounts, the residuary beneficiaries are entitled to see these. They may challenge any expenses they feel are not reasonable, so it is important to keep a breakdown of the expenses that are claimed as they are incurred.

The executor is required by law to act in the best interests of the estate and its beneficiaries.
Failure to do so could potentially result in personal liability for any loss, including losses that arise from errors in the administration, even where the mistakes were genuine.
Professional help For executors who do not have the time to administer an estate or who are concerned about the level of liability they will be required to take on, they can seek professional help from an experienced probate lawyer who will be able to deal with the administration on their behalf.

Reasonable administrative expenses in respect of this representation can be claimed from an estate. To find out more about our Probate service or contact us on the details below. : What Expenses Are Executors Entitled to?

Does an executor have to show accounting to beneficiaries in Maryland?

The Nature of the Accounting | Estate Planning | Maryland Thus, the last Maryland case touching on the nature and scope of a beneficiary’s right to an account is Jacob v. Davis, That case reversed the trial court which granted summary judgment to the trustee against the remainder beneficiary, denying the remainder beneficiary’s request for an accounting: The leading authorities on trusts are unequivocal in their articulation of the right of the remainder beneficiary to an accounting during the lifetime of the income beneficiary and after his or her death.

Austin W. Scott and William F. Fratcher, The Law of Trusts, (Vol. IIA 4 th ed.1987) § 172 explains: A trustee is under a duty to the beneficiaries of the trust to keep clear and accurate accounts. His accounts should show what he has received and what he has expended. They should show what gains have accrued and what losses have been incurred on changes of investments.

If the trust is created for beneficiaries in succession, the accounts should show what receipts and what expenditures are allocated to principal and what are allocated to income. If the trustee fails to keep proper accounts, all doubts will be resolved against him and not in his favor Not only must the trustee keep accounts, but he must render an accounting when called on to do so at reasonable times by the beneficiaries.

Where there are several beneficiaries, any one of them can compel an accounting by the trustee. The fact that a beneficiary has only a future interest does not preclude him from compelling the trustee to account. Id. (emphasis added). George Bogert, The Law of Trusts and Trustees, (Rev.2d ed.1983) § 961 takes a similar view: he beneficiary is entitled to demand of the trustee all information about the trust and its execution for which he has any reasonable use.If the beneficiary asks for relevant information about the terms of the trust, its present status, past acts of management, the intent of the trustee as to future administration, or other incidents of the administration of the trust, and these requests are made at a reasonable time and place and not merely vexatiously, it is the duty of the trustee to give the beneficiary the information for which he has asked.

Both Scott, supra, and Bogert, supra, cite numerous cases in support of the rule that a remainder beneficiary is entitled to an accounting. Scott, supra, § 172 at 454; Bogert, supra, § 973. In Jacob v. Davis, the trustee provided the remainder beneficiary with various information – brokerage accounts, check registers, probate accountings – but no information detailing an allocation of receipts and expenses between income and principal.

The Court of Special Appeals found that such an allocation is mandated by the Maryland Principal and Income Act: One of appellant’s complaints about the information furnished by appellees is that there was no allocation of receipts and expenses to either trust income or trust principal as required under Md.Code (1974, 1991 Repl.Vol.), § § 14–201 et seq.

of the Estates and Trusts Article (“Principal and Income Act”). Appellant’s expert witness testified that, based on the records provided, it appeared that the trustees had made no allocation; and therefore, the burden of all expenses was borne by the remainder interest.

(a) A trust shall be administered with due regard to the respective interests of income beneficiaries and remaindermen. A trust is so administered with respect to the allocation of receipts and expenditures if a receipt is credited or an expenditure is charged to income or principal or partly to each:(1) In accordance with the terms of the trust instrument, notwithstanding contrary provisions of this subtitle;(2) In the absence of any contrary terms of the trust instrument, in accordance with the provisions of this subtitle;

Id. at § 14–202. The remaining sections of the Principal and Income Act set forth detailed rules as to how a trustee should allocate receipts and expenses between the income beneficiary and the remaindermen. The Maryland Principal and Income Act may dictate the rules as to how items are to be treated, it does not mandate a particular form that a fiduciary accounting must take.

Indeed, the Uniform Trust Code drops the word “account” so as not to suggest that the trustee must render information to the beneficiaries in any particular form or with any particular degree of formality. Nonetheless, a project was initiated in 1970 by a consortium of the American Bar Association, the American College of Estates and Trusts Counsel, the American Institute of Certified Public Accountants and others to establish uniform fiduciary accounting principles and to suggest a “simplified” and comprehensive format for fiduciary accountings.

Finalized in 1984, this suggested form is by definition, only one approach and, indeed, not one that is uniformly followed. Basically, the fiduciary account can be rendered in any format as long as it equips the beneficiaries to protect their interests.

How much does an administrator of an estate get paid in Maryland?

Does the executor pay the beneficiaries?

Can an executor refuse to pay a beneficiary? – The executor is responsible for paying out to all beneficiaries and must follow the instructions in the will. However, there are some exceptional circumstances where an executor can “withhold” settlement, but this would need the approval of all fellow executors. Examples could include:

If unknown/unspecified debtors arise, the executor can delay settlement for up to six months, whilst the debtor is settled.If the executor has concerns over the welfare of a child beneficiary, due to parental issues, they can apply to the court to withhold settlement, but ultimately must pay the child their entitlement from the will when the age of majority is attained by the child (18 for England, 16 for Scotland). Find out more: Guide to wills In exceptional cases where the executor thinks that a beneficiary is vulnerable, for example maybe they have an alcohol or gambling addiction, then the executor can pay the benefits into a discretionary trust. If no trust exists, the beneficiaries have to be paid directly from the executor.

Can an executor get paid from estate?

When the Will contains a charging clause – how it will apply – The law relating to the payment of executors and trustees is complex, and, in late 2021, was examined in a High Court case relating to the estate of Gladys Townsend. In that case one of the executors sought to charge the estate £43,350 for her work in that capacity.

Mrs Townsend’s Will included a commonly used charging clause overriding the default position, and giving her executors/trustees power to charge as follows: ” for any of my Trustees who shall be engaged in any profession or business charge and be paid all usual professional and other fees for work or business done or time spent by him his firm in connection with the administration of my estate or the trusts powers or provisions of this Will or any codicil hereto including work or business outside the ordinary course of his profession and work or business which he could or should have done personally had he not been in any profession or business”.

The executor argued that she should be paid because she had been engaged in a number of businesses during the period of her executorship, albeit that the businesses had no relevance to the matter of administering deceased’s estates. However, the judge found that the words used in the Will required there to be a link between (1) the scope of the profession or business of the executor and (2) the work that the executor carried out in relation to the estate for which she was seeking to charge.

In other words, if that work would not arise in the usual scope of that profession or business, the executor could not charge for it. He therefore concluded that the executor was not able to claim payment of her fees from the late Mrs Townsend’s estate. Let’s return to our plumber example. A plumber is engaged in a business, so on the basis of this case he may charge for his work in relation to the estate – but only to the extent that the work he does is linked to the normal scope of the plumbing industry.

This clause means he can now charge for his time mending the burst pipe. However, despite the reference in the Will’s charging clause to ‘work or business outside the ordinary course of his profession’, he still cannot charge for the rest of his time dealing with the estate where that time is unrelated to plumbing.

While you could be forgiven for reaching a different conclusion on first reading of the clause, in many ways this is a sensible outcome.
However, knowing that the role of executors/ trustees can take a lot of time and effort you may want the people you appoint to be able to charge for their time even if the work they do has no link to their profession or business.

If so, it is vital to include wording in your Will that makes your intention very clear. The view of the judge in the recent Townsend case was that if a person’s job does not involve dealing with trusts or estates then they cannot charge for their time unless there is a specific clause in the Will saying that they can do so.

If, however, the Will includes a charging clause similar to that in Mrs Townsend’s Will, and an executor is involved in a business where it would not be out of the ordinary to (a) act as an executor and trustee, and (b) to charge for time spent in that role on matters not directly related to their business or professional skills then, although this particular case didn’t address this, we are of the view that they can charge for their time.

This will be relevant to accountants and other similar professionals acting as executors and trustees. In light of this recent case, it is important to revisit the question of how you expect your executors and trustees to be paid. If in doubt, seek advice as to whether your Will includes the right wording to achieve that result.

_ This article is provided for general information only and reflects the law at the date of publication. It does not constitute legal, financial, or other professional advice so should not be relied on for any purposes. You should consult a suitably qualified lawyer or other relevant professional on a specific problem or matter.

Please see our for further details. : Can your executors charge fees for administering your estate?

Irving S. Martin