What to Do When Someone Dies in Maryland

When someone dies in Maryland, start with the practical steps: contact the funeral home or medical provider, begin the death certificate process, locate the will, secure property, and identify whether probate is needed. Maryland estate administration usually runs through the Register of Wills in the county or Baltimore City where the person was domiciled.

This guide is educational only. It is not legal, tax, medical, benefits, financial, or funeral directing advice. If there is disagreement, significant debt, real estate, a taxable estate, out-of-state property, or uncertainty about who should act, contact the local Register of Wills or a Maryland probate attorney before moving money or transferring property.

First 24 to 48 Hours

Notify the appropriate provider. If the death occurred in a hospital, nursing facility, or hospice setting, staff will usually guide the medical certification and next steps. If the death was unexpected or unattended, call 911 or local authorities.

Contact a funeral home. The funeral home can coordinate transport, final disposition, and the initial death registration process. Keep the funeral contract and bill because the Maryland Register of Wills lists the funeral contract or bill among common documents needed to open an estate.

Do not move estate money casually. Before you know who has authority, avoid paying non-urgent bills from the deceased person's sole accounts. Maryland uses a formal personal representative process for probate assets, and paying the wrong creditor or distributing too early can create problems.

Secure property. Lock the home, protect vehicles, preserve mail, check for pets, maintain insurance, and take basic steps to prevent loss. Keep receipts for necessary expenses.

Find the original will. Look in a safe, home files, safe deposit box, attorney's office, or the Register of Wills if the person filed it for safekeeping. The Register of Wills says the person with custody of a will should present it after death.

Gather Key Documents

Start a folder with:

• Certified death certificates
• Original will and codicils, if any
• Trust documents, if any
• Funeral contract and bill
• Bank and brokerage statements
• Retirement and life insurance documents
• Deeds, mortgage statements, and property tax bills
• Vehicle titles
• Recent tax returns
• Names and addresses of heirs, beneficiaries, and known creditors

The Maryland Register of Wills says opening an estate commonly requires the original will, death certificate, funeral contract or bill, approximate value of assets in the decedent's name alone, vehicle titles, names and addresses of interested persons, the correct forms, and any applicable fee.

Get Maryland Death Certificates

Maryland Department of Health Division of Vital Records issues certified death certificates for deaths that occurred in Maryland in 2012 or later. For deaths before 2012, MDH directs families to the Maryland State Archives.

You can usually request copies:

• By mail from the Division of Vital Records
• Online through VitalChek
• By appointment at the Division of Vital Records lobby
• Through some local health departments

The direct MDH death certificate application lists $10 for the first certified copy in a single transaction and $12 for each additional copy of the same certificate in that transaction. Local health department and VitalChek fees can vary, so check the current instructions before ordering.

Many families order 8 to 12 certified copies, depending on the number of banks, insurance policies, retirement accounts, vehicles, and real estate matters. See how to get a death certificate in Maryland for the full ordering guide.

Notify Benefits and Financial Institutions

Work from official documents and keep notes of every call.

Social Security. Funeral homes often report deaths to the Social Security Administration, but confirm. Benefits for the month of death generally must be returned if paid. Ask about survivor benefits and the one-time lump sum death payment if there is an eligible spouse or dependent child.

Employers and pensions. Contact the employer, union, or pension administrator. Ask about final pay, unpaid vacation, life insurance, health coverage, pension survivor benefits, and retirement accounts.

Life insurance and retirement accounts. These often pass outside probate to named beneficiaries. Each company will ask for claim forms and a certified death certificate.

Banks and brokerages. Do not close or transfer individually owned accounts unless you have legal authority, such as Letters of Administration, or the account has a payable on death beneficiary or joint owner with survivorship rights.

Credit cards and recurring bills. Notify creditors, cancel unnecessary subscriptions, and preserve statements. If an account belonged only to the deceased person, the estate may be responsible, but family members usually are not personally responsible unless they were joint debtors or guarantors.

Decide Whether Probate Is Needed

Probate is usually needed for property owned solely by the decedent or as tenants in common. The Maryland Register of Wills says an estate is necessary if a person dies owning property in their name alone or as tenants in common.

Assets that may pass outside probate include:

• Joint accounts or real estate with survivorship rights
• Tenants by the entirety property between spouses
• Payable on death accounts
• Transfer-on-death securities or account registrations, where valid
• Life insurance payable to a named beneficiary other than the estate
• Retirement accounts with named beneficiaries
• Trust assets

Non-probate assets may still need to be reported for Maryland inheritance tax purposes, so keep records even when an asset bypasses probate.

Maryland Probate Paths

Maryland has several estate administration paths.

Small estate. Available when Maryland probate assets are $50,000 or less, or $100,000 or less if the surviving spouse is the sole heir or legatee. The Register of Wills fee schedule says there is no fee to file a petition to open a small estate.

Regular estate. Used when Maryland probate assets exceed $50,000, or exceed $100,000 if the surviving spouse is the sole heir or legatee. The first account in a regular estate is due within 9 months after appointment of the personal representative.

Modified administration. A streamlined option for certain solvent regular estates with required consents and qualifying residuary takers. The Election and consent forms are due within 3 months after appointment, the Final Report is due within 10 months unless extended, and final distribution is due within 12 months unless extended.

Judicial probate. Used when the matter is contested or requires the Orphans' Court, such as a will caveat or appointment dispute.

Ancillary proceedings. May be needed when an out-of-state decedent owned Maryland property.

For details, see how probate works in Maryland.

What the Personal Representative Does

The appointed personal representative, often called an executor in everyday conversation, administers the estate.

Core duties include:

• File required forms with the Register of Wills
• Give required notices to interested persons and creditors
• Identify, protect, and value estate assets
• File the Inventory and Information Report when required
• Handle creditor claims in the correct order
• File accounts or modified administration reports
• Coordinate tax filings and payments
• Distribute assets under the will or Maryland intestacy law

Maryland PR deadlines can arrive quickly. In a regular estate, the List of Interested Persons must be filed with the petition or within 20 days after appointment, the Inventory and Information Report are due within 3 months after appointment, and the first account is due within 9 months after appointment.

See executor duties and timeline in Maryland for the full duty-by-duty checklist.

Maryland Taxes to Check

Maryland has both a state estate tax and a separate inheritance tax, so both can matter.

Maryland estate tax. For decedents dying on January 1, 2019 or later, Maryland's estate tax exclusion amount is $5,000,000 under Tax-General Section 7-309. Form MET-1 and Maryland estate tax payment are generally due 9 months after death if required.

Maryland inheritance tax. Maryland inheritance tax is generally 10% for non-exempt beneficiaries. Exempt recipients include a spouse, registered domestic partner, direct or lineal heirs, siblings, and listed others. The Register of Wills also lists property exemptions, including property administered under a small estate proceeding and life insurance payable to a named beneficiary other than the estate.

Income taxes. The estate may need final federal and Maryland income tax returns for the decedent, and the estate may need its own income tax return if it earns income during administration.

If the estate is near the $5,000,000 Maryland estate tax exclusion, has non-exempt inheritance tax beneficiaries, or includes a business or unusual assets, involve a tax professional early.

Creditor Claims and Debt

Maryland creditor claims generally must be presented by the earlier of 6 months after death or 30 days after the PR gives the creditor required written notice. Maryland Department of Health estate recovery claims have a separate deadline tied to publication of appointment or notice to the Department's Division of Medical Assistance Recoveries.

If estate assets are insufficient, Maryland has a priority order for payment. The Register of Wills lists Register fees, administration costs, funeral expenses up to the statutory cap, PR compensation and certain professional fees, family allowance, child support, taxes, last illness expenses, rent, wages, public assistance claims, and other claims in sequence, with federal debts subject to special federal priority rules.

Do not distribute assets to beneficiaries until claims, taxes, allowances, and estate solvency are understood.

Frequently Asked Questions

Where do I open probate in Maryland?

Start with the Register of Wills in the county or Baltimore City where the deceased person was domiciled at death.

What is the Maryland small estate limit?

$50,000 or less in Maryland probate assets, or $100,000 or less if the surviving spouse is the sole heir or legatee.

What is an executor called in Maryland?

The formal term is personal representative. That person receives Letters of Administration from the Register of Wills.

Do I still have to file the will if there is no probate estate?

The Register of Wills says that if the decedent had no property in their name alone or as tenant in common, the will still must be filed with the Register of Wills in the county where the decedent was domiciled.

How long does Maryland probate take?

Timing depends on the estate path, creditor issues, taxes, property sales, and disputes. Regular estates have a first account due within 9 months after PR appointment. Modified administration has shorter report and distribution targets, but extensions and revocation can change the timeline.

What to Do Next

Start by ordering death certificates, locating the original will, listing assets by title and beneficiary, and calling the correct Register of Wills office before filing. Kaira can help organize the documents, deadlines, and next actions into a shared plan. Start with today's plan.

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Disclaimer: This article provides general educational information about Maryland first steps after a death as of May 2026. It is not legal, tax, medical, benefits, financial, or funeral directing advice. Agency procedures and individual facts can change what is required. Confirm critical steps with Maryland authorities or qualified professionals.

Sources: Maryland Register of Wills Administration of Estates; Maryland Register of Wills new estate publication; Maryland Register of Wills probate fee schedule; Maryland Register of Wills inheritance tax guide; Maryland Department of Health death certificate page; MDH death certificate application; Maryland Tax-General Section 7-309.