Estate Planning in MarylandAttorney-Reviewed. Tax-Optimized. 100% Online.
Maryland is one of only a handful of states with both an estate tax AND an inheritance tax. Without proper planning, your heirs could lose a significant portion of your estate. Our MD-licensed attorneys create tax-smart estate plans online — at a fraction of traditional attorney costs.
Maryland Estate Planning: What Makes It Different
Maryland's dual tax structure means the stakes are higher — and proper planning is more important than anywhere else.
Maryland Estate Tax
Maryland's estate tax applies to estates over $5 million (2024). The top rate is 16%. Unlike the federal estate tax, Maryland's exemption is lower — estates between $5M and $12.9M may owe MD estate tax even if no federal tax is due. Portability between spouses is allowed.
Maryland Inheritance Tax
MD charges a 10% inheritance tax on assets passing to most beneficiaries. Spouses, children, grandchildren, parents, siblings, and stepchildren are EXEMPT. Others (friends, more distant relatives) pay 10% on what they receive. Charitable bequests are also exempt.
Will Requirements
Maryland wills must be signed in the presence of 2 credible witnesses. Neither witness should be a beneficiary under the will. The Orphans' Court in each county handles probate. Our attorneys ensure full compliance.
Advance Directive Requirements
MD advance directives require 2 witnesses, and at least one must not be an heir or beneficiary. The directive cannot be witnessed by your healthcare provider. Attorney review ensures validity.
Power of Attorney
A MD POA must be signed, witnessed, and acknowledged before a notary. Maryland enacted the Maryland Revised Uniform Fiduciary Access to Digital Assets Act — your POA should address digital assets explicitly.
Living Trust — Key MD Tax Strategy
A revocable living trust in Maryland doesn't directly reduce estate or inheritance taxes, but it avoids the Orphans' Court probate process, saves court fees, keeps your estate private, and allows for strategic sub-trust creation to maximize tax exemptions.
Estate Planning Services Available in Maryland
MD-compliant documents with tax-minimization strategies built in
Last Will & Testament
A valid MD will — 2 credible witnesses, Orphans' Court compliant. Minimizes inheritance tax exposure for your specific beneficiaries.
Revocable Living Trust
Bypass Maryland's Orphans' Court probate. Keep your estate private and create a framework for estate tax reduction strategies.
Durable Power of Attorney
MD-compliant POA covering financial decisions and digital assets. Includes agent acknowledgment requirements.
Advance Directive
Valid MD advance directive with proper witness requirements. Documents your medical wishes and names a healthcare agent.
HIPAA Authorization
Ensures your loved ones can access medical information when you can't speak for yourself.
AB Trust / Credit Shelter Planning
For estates approaching the $5M MD exemption, we can discuss credit shelter trust strategies to protect both spouses' exemptions.
Maryland Estate Planning FAQ
Does Maryland have both an estate tax and inheritance tax?
Yes — Maryland is one of only two states (along with New Jersey, which eliminated its estate tax in 2018) that historically had both taxes. Maryland still has both: an estate tax (on estates over $5M) and an inheritance tax (10% for non-exempt beneficiaries). This makes Maryland estate planning especially important.
Who pays Maryland inheritance tax?
Maryland's 10% inheritance tax applies to assets passing to most people except: spouses, children, grandchildren, parents, grandparents, siblings, and stepchildren. If you want to leave assets to friends, more distant relatives, or non-family members, they will owe 10% on what they receive. Proper beneficiary designations and trust planning can minimize this.
What is the Maryland estate tax exemption?
Maryland's estate tax exemption is $5 million (as of 2024). Estates above this threshold may owe MD estate tax at rates up to 16%. The federal exemption is much higher ($13.61M in 2024), so some estates may owe MD estate tax but no federal tax. The exemption is portable between spouses.
How long does Maryland probate take?
Maryland probate through the Orphans' Court typically takes 12–18 months for straightforward estates. The personal representative must file with the Register of Wills within 30 days of appointment. A living trust bypasses probate entirely, saving time, costs, and keeping your estate private.
What documents does Maryland require for a valid will?
A Maryland will must be: (1) in writing, (2) signed by you, and (3) signed by 2 credible witnesses who witness your signature. Neither witness should be a beneficiary. Notarization is recommended to create a self-proving will that streamlines probate.
How much does estate planning cost in Maryland?
Maryland estate attorneys typically charge $2,500–$8,000+ for a comprehensive estate plan, given the complexity of dual taxes. Estate Done Right provides attorney-reviewed plans at flat-fee pricing — a fraction of traditional costs, without sacrificing quality.
Maryland Estate Planning Resources
Maryland Estate Planning Guide 2026
Navigate MD estate tax, inheritance tax, and probate with confidence.
Dying Without a Will in Maryland
How MD intestacy law distributes your estate — often not how you'd want.
Free: Estate Planning Checklist
Download our checklist to understand exactly what your MD estate plan needs.
Don't Let Maryland Taxes Diminish Your Legacy
MD-licensed attorneys. Tax-smart planning. Flat-fee pricing. Done in days.