MD Executor Guide
How Long Does Probate Take in Maryland?
A realistic timeline — and the two clocks that actually decide it.
Maryland runs on two clocks
This is the thing that catches people out, because the two are rarely in step. If you were appointed two months after the death, the creditor clock has already eaten two of its six months before your filing clock even starts.
| Clock | What runs on it |
|---|---|
| Death clock (date of death) | Creditor claims: barred at the earlier of 6 months after death or 2 months after you deliver notice to that creditor (§ 8-103(a)). Maryland estate tax return (Form MET-1), if the estate approaches $5 million: 9 months. |
| Appointment clock (the day letters issue) | List of interested persons: 20 days. Inventory: 3 months (§ 7-201). Modified administration election closes: 3 months (§ 5-702). First account: 9 months (§ 7-305). |
The statutory milestones, in order
Under § 7-201 the personal representative files an inventory within 3 months of appointment, listing each item in reasonably descriptive detail at its fair market value as of the date of death, together with any encumbrance. Under § 7-305 accounts are then rendered within 9 months from appointment, and thereafter within 6 months after each account until the final account is filed.
So the shape of a clean estate is: appointment, then the 20-day list, then the inventory at 3 months, then the creditor position resolving somewhere around 6 months from death, then the first account at 9 months from appointment — which for many estates is also the final account. Add the time to sell anything that has to be sold, and 9 to 15 months is the honest range.
The two tracks that finish faster
Modified administration is the one most eligible estates never ask about. Under § 5-702 the personal representative may elect it within 3 months of appointment, where the residuary legatees or heirs are limited to a close group — broadly the personal representative, persons exempt from inheritance tax in that estate, and qualifying trusts — and all of them consent. In exchange, § 5-704 replaces the formal inventory and account with a single verified final report, due no later than 10 months from appointment, and § 5-705 requires distribution no later than 12 months from appointment. Any interested person can still request a formal inventory and account, so the saving is in paperwork rather than in transparency.
Small estate is faster still. Where the property subject to administration is $50,000 or less — or $100,000 or less where the surviving spouse is the sole legatee or heir — the estate runs on the shortened subtitle, with notice published once and the court directing distribution after 60 days. See our Maryland small estate guide for the thresholds and the trade-off.
What actually makes a Maryland estate take longer
- A late appointment. The creditor clock runs from death regardless, so weeks spent locating the will are weeks off the back end.
- Real estate. Nothing closes until the property does, and that timeline belongs to the market rather than the Register.
- A contested will or a disputed claim. Objections are heard by the Orphans’ Court, and that is its own calendar.
- Inheritance tax on a collateral share. Where a niece, nephew, cousin or friend inherits, the 10% tax has to be settled through the account — see Maryland inheritance tax.
- Assets that surface late. A forgotten account or an unclaimed-property listing can reopen work that looked finished.
Estimate your Maryland dates
Enter the two dates. This applies the statutory periods to your estate:
Estimate only. It applies the headline statutory periods and ignores extensions, court orders, and the separate Maryland Department of Health timeline. Confirm your dates with the Register of Wills.
Stay on every step (and every dollar)
The MD Executor Compliance Kit maps the whole Maryland process — both clocks, the three tracks, the creditor window and the record the Register expects.
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Frequently asked questions
How long does probate take in Maryland?
A straightforward regular estate commonly takes about 9 to 15 months. The first account is due 9 months after appointment under § 7-305, and for many estates that account is also the final one. The creditor window runs separately, from the date of death, and is generally cut off 6 months after death.
What is the fastest a Maryland estate can close?
The small estate track, where property subject to administration is $50,000 or less ($100,000 where the surviving spouse is the sole legatee or heir). Notice is published once and the court directs distribution after 60 days from publication, so these can finish in a few months. Modified administration is the next fastest: a verified final report at 10 months and distribution by 12 months from appointment.
Why does the creditor deadline run from the death and not from my appointment?
Because § 8-103 measures it that way. Claims are barred at the earlier of 6 months after the date of death, or 2 months after the personal representative delivers notice to that creditor. The practical consequence is that any delay in opening the estate comes out of the creditor period rather than extending it — if you are appointed two months after the death, a third of that window is already gone.
What is modified administration and should I ask about it?
It is a shortened track for qualifying regular estates. Under § 5-702 the personal representative elects it within 3 months of appointment, provided the residuary legatees or heirs are limited to a close group and all consent. It replaces the formal inventory and account with a single verified final report due at 10 months, with distribution by 12 months. Any interested person can still ask for a formal inventory and account, so it saves paperwork rather than scrutiny. It is worth asking the Register whether a particular estate qualifies.
What is the deadline for the inventory in Maryland?
Three months from the date of appointment, under § 7-201. The inventory lists each item in reasonably descriptive detail at its fair market value as of the date of death, along with the type and amount of any encumbrance on it.
Can a Maryland estate stay open longer than a year?
Yes, and plenty do without anything being wrong. § 7-305 contemplates it directly: after the first account at 9 months, further accounts are rendered within 6 months after each account until the final account is filed. Real estate that has not sold, a disputed claim, or a collateral-heir inheritance tax question are the usual reasons an estate runs past the first account.