MD Executor Guide
How Much Does an Executor Get Paid in Maryland?
Maryland sets a statutory ceiling for personal representative commissions — a simple two-step formula — and the court allows them on petition. You are entitled to ask, and many family representatives never do.
The formula
| Property subject to administration | Maximum commission |
|---|---|
| Up to $20,000 | 9% |
| Over $20,000 | $1,800 + 3.6% of the excess over $20,000 |
Worked examples at the ceiling:
| Estate (probate assets) | Maximum commission |
|---|---|
| $50,000 | $1,800 + $1,080 = $2,880 |
| $150,000 | $1,800 + $4,680 = $6,480 |
| $300,000 | $1,800 + $10,080 = $11,880 |
| $500,000 | $1,800 + $17,280 = $19,080 |
The base is the property subject to administration — probate assets. Joint accounts that passed to a survivor and assets with named beneficiaries are not in the pot.
How you actually get it
- It is allowed, not automatic. You file a petition, in reasonable detail, and the court allows the commissions it considers appropriate — the formula is the cap, not an entitlement to the maximum.
- The will can override upward. If the will sets a larger measure of compensation, that governs; if a will’s stated compensation is insufficient, the court can allow more.
- You can waive it. A personal representative may renounce all or part of the commission at any time — common in families, but see the tax point below before deciding by default.
- Appeals exist. Within 30 days, the personal representative or an objecting party can take the allowance to the circuit court.
- A realtor’s commission doesn’t come out of yours. If you retain a licensed real estate broker to sell property, that commission is an expense of administration and may not be deducted from your allowed commissions.
The decision worth thinking through
Commissions are taxable income to you; an inheritance generally is not. If you are also a major beneficiary, taking the fee can move money from an untaxed inheritance into taxed income — sometimes worth it for the work involved, sometimes not. If you are settling a parent’s estate alongside siblings who are not doing the work, the commission is the statute’s way of recognizing that. Run the numbers, or ask a CPA, before waiving or claiming by reflex.
Also remember Maryland’s vocabulary: the Register of Wills and the forms say personal representative. Searching “executor fees” finds fewer Maryland answers than searching the term the state actually uses.
Track the whole job, not just the fee
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Frequently asked questions
How much does an executor get paid in Maryland?
Maryland's statute caps personal representative commissions at 9% of the first $20,000 of property subject to administration, plus 3.6% of the excess over $20,000, unless the will provides a larger amount. On a $300,000 probate estate that ceiling works out to $11,880. The court allows what it considers appropriate up to that cap, on a petition filed by the personal representative.
Is the Maryland executor commission automatic?
No. You file a petition in reasonable detail and the court allows the commissions it considers appropriate — the formula is a ceiling, not a guarantee of the maximum. Within 30 days, the personal representative or an objecting party may appeal the allowance to the circuit court.
What counts toward the commission base?
Property subject to administration — the probate estate. Joint accounts that passed to a survivor and assets with named beneficiaries are not part of the base. That is also why the commission on a mostly-non-probate estate can be small even when the person's total wealth was large.
Can a Maryland personal representative waive the fee?
Yes — the statute lets you renounce all or part of the commission at any time. Before waiving by default, consider the tax angle: commissions are taxable income while an inheritance generally is not, but if you are doing the work and sharing the estate with others who are not, the commission is the statute's recognition of that labor.
Does the realtor's commission reduce the executor's commission?
No. If the personal representative retains a licensed real estate broker to help sell property, the broker's commission is an expense of administration and may not be deducted from the commissions the court allows the personal representative.
Is the executor fee taxable in Maryland?
Commissions are taxable income to the person who receives them, unlike most inheritances. Whether taking or waiving the fee leaves you better off depends on your bracket and your share of the estate — a question worth a few minutes with a CPA before the account is filed.