Maryland

At a Glance

Who Files the Death Certificate

In Maryland, the mortician or funeral director is responsible for filing the death certificate with the vital statistics office within 72 hours of the death. This ensures that the death is officially recorded and allows for the proper disposition of the remains.

Medical Certification of Cause of Death

The physician, physician assistant, or nurse practitioner who was in charge of the deceased person's care for the illness or condition that led to death must complete the medical certification portion of the death certificate within 24 hours of receiving it. If the cause of death is unknown, or if the death was due to an accident, homicide, suicide, alcoholism, or other external factors, the case must be referred to the medical examiner, who will then be responsible for completing the death certificate.

Obtaining Certified Copies

Only individuals or agencies with a direct 'tangible interest' can order certified copies of a death certificate in Maryland. This includes surviving relatives, their authorized representatives, beneficiaries of the deceased, or creditors. Certified copies cost $10, and online orders are $13. It is advisable for the executor of an estate to obtain at least 10 certified copies for various administrative purposes.

How do I get a death certificate in Maryland?

Order certified copies from Maryland's vital records office; this section's source link is the official process. The funeral home or cremation provider usually orders the first copies for you. Order at least 10: banks, insurers, and agencies each want their own certified copy.

How much does a death certificate cost in Maryland?

$10 per certified copy in Maryland, as shown above. Additional-copy pricing varies; the official source linked in this section has the current fee schedule.

At a Glance

Overview of Probate in Maryland

Probate is the legal process of administering a deceased person's estate, which involves validating their will (if one exists), paying debts, and distributing assets to beneficiaries. In Maryland, there are two main types of probate: Administrative probate, handled by the Register of Wills for uncontested wills, and Judicial probate, typically for contested wills and overseen by the Orphans' Court.

Filing a Will and Appointing a Personal Representative

If a will exists, Maryland law requires it to be filed promptly with the Register of Wills in the county where the decedent resided. A personal representative is then appointed to manage the estate. The priority for appointment generally follows: individuals named in the will, surviving spouses and children (if no will), residuary legatees, other relatives, and then creditors.

Small Estates vs. Regular Estates

Maryland law distinguishes between small estates and regular estates. Small estates are those valued at $50,000 or less. However, if the sole heir is a surviving spouse, the small estate threshold extends to $100,000. Estates exceeding these values are considered regular estates and typically involve a more extensive probate process.

What is the small-estate limit in Maryland?

$50,000. Estates under that figure can use the simplified process or affidavit covered above instead of full probate.

Do I need a probate attorney in Maryland?

Not always. If the estate qualifies for the simplified process covered above, many people handle it without a lawyer. Hire one for full probate, a contested will, or property in more than one state. Before you hire anyone, know the fee structures: hourly, flat, and (in a few states) statutory percentages. Our probate attorney cost guide covers what each should run you.

Does Maryland allow transfer-on-death deeds?

Yes. Maryland authorizes the transfer-on-death deed (new statute, effective October 1, 2026) under Md. Code, Real Prop. §§ 14-1001 to 14-1014 (enacted by 2026 Md. Laws ch. 750, SB 651/HB 738; effective Oct. 1, 2026). Record it while you are alive and the property passes to your named beneficiary at death, outside probate, revocable any time before then. Maryland enacted its first TOD deed law in May 2026; it takes effect October 1, 2026, and applies retroactively to TOD deeds executed earlier if the owner dies on or after that date; before then, a living trust or joint ownership with survivorship remains the working alternative.

Source: Md. Code, Real Prop. §§ 14-1001 to 14-1014 (enacted by 2026 Md. Laws ch. 750, SB 651/HB 738; effective Oct. 1, 2026) ↗

Die without a will in Maryland and this law picks your heirs.

If you die intestate (without a valid will) in Maryland, Md. Code, Est. & Trusts §§ 3-101–3-105 decides who inherits everything a will would have covered. The shares depend on exactly who survives you: spouse, children, parents, siblings. What you told people you wanted does not matter. Only a signed will changes these defaults.

What your spouse gets.

What your spouse inherits depends on who else survives you. The four common family shapes:

• –Spouse only (no descendants or parents): the entire estate
• –Spouse + parents (no descendants): the entire estate, parents get nothing
• –Spouse + joint descendants: the entire estate, unless a minor child survives (then one-half)
• –Spouse + blended family: first $100,000 plus 1/2 of the residue (a flat 1/2 if any minor child survives)
• –Source: Md. Code, Est. & Trusts §§ 3-101–3-105

Children's shares.

The surviving issue divide the whole estate equally by representation.

No spouse, no children: the line of succession.

With no spouse or descendants, the estate goes to parents, then to parents' issue, then half to each pair of grandparents and their issue, then to stepchildren; with no takers at all it is converted to cash and paid to the Maryland Department of Health (if the decedent received long-term-care Medicaid) or to the county board of education (§ 3-105).

At a Glance

What is an Advance Directive?

An Advance Directive, often referred to as a living will, is a legal document in Maryland that allows an individual to express their wishes regarding future health care decisions. This document ensures that your preferences for medical treatment are honored, even if you become unable to communicate them yourself. It can specify the types of treatments you want or do not want, and the extent to which you wish to be kept alive.

Requirements for Written Advance Directives

For a written Advance Directive to be valid in Maryland, it must be made voluntarily by a competent individual, dated, and signed by the patient (or by someone else at the patient's direction and in their presence). It also requires the signatures of two witnesses. At least one witness must not be knowingly entitled to any portion of the patient's estate or any financial benefit from their death. Electronic Advance Directives are also legally enforceable.

Naming a Health Care Agent

An Advance Directive can designate a Health Care Agent (also known as a Medical Power of Attorney) to make medical decisions on your behalf if you are incapacitated. This agent must follow your expressed wishes and consider your diagnosis, prognosis, religious and moral beliefs, and past conduct. Decisions made by the agent cannot be based on your disability or economic disadvantage.

Medical Orders for Life-Sustaining Treatment (MOLST)

MOLST is a physician-signed medical order that records specific decisions about life-sustaining treatments. Unlike an Advance Directive, a MOLST form is a medical order that provides immediate guidance to all healthcare professionals, including emergency responders, about a patient's treatment preferences, such as a Do Not Resuscitate (DNR) order.

Where do I get Maryland's advance directive form?

The controlling law is Md. Code, Health-Gen. § 5-602 (Health Care Decisions Act), linked as this section's source. Most people use the free statutory form: Maryland's health department, hospital systems, and state bar publish fillable versions that match it. You do not need to buy one, and you do not need a lawyer to complete it.

Does Maryland require a notary or witnesses for an advance directive?

Maryland requires 2 adult witnesses; notarization is not required. Anyone 18 or older of sound mind can make one.

At a Glance

Embalming and Casket Requirements

Maryland law does not require embalming. For burials, while state law does not mandate a casket, cemeteries may have their own requirements. For cremation, crematories cannot require a casket but may require a simple alternative container. Federal law mandates that funeral homes offer alternative containers and accept caskets purchased from outside vendors.

Water Cremation (Alkaline Hydrolysis)

Maryland legalized alkaline hydrolysis, also known as water cremation or aquamation, in 2010. The state's definition of cremation was amended in 2024 to explicitly include alkaline hydrolysis, defining it as 'the process of reducing human remains using water, alkaline chemicals, and heat inside a watertight vessel to accelerate decomposition.'

Burial on Private Property

Maryland law requires bodies to be buried in an established cemetery, a family burial plot, or another area permitted by local ordinance. Before considering burial on private property, it is essential to check with the county health department and local zoning laws.

Scattering Ashes

In Maryland, there are no state laws restricting where ashes may be stored or scattered. Ashes can be kept in a crypt, niche, grave, or at home. When scattering ashes, common sense should be used to avoid places where they would be obvious to others. Scattering gardens in cemeteries, private land (with permission), and certain public lands are common options.

At a Glance

Maryland Estate Tax

Maryland imposes its own estate tax in addition to the federal estate tax. For decedents dying on or after January 1, 2019, the Maryland estate tax exemption is $5 million. The tax uses a graduated rate structure, starting at 0.8% and climbing to a maximum of 16% on the taxable portion of the estate that exceeds the exemption amount. The Maryland estate tax return is due nine months after the decedent's date of death.

Maryland Inheritance Tax

Maryland also levies an inheritance tax, which is a tax on the right to receive property from a decedent. The standard inheritance tax rate is 10% on the value of property passed to non-exempt beneficiaries. However, direct or lineal heirs, including a spouse, child, grandchild, or sibling, are exempt from this tax for decedents dying on or after July 1, 2000. This tax applies to tangible personal property located in Maryland or if the decedent was domiciled in Maryland at their death.

Does Maryland have an estate tax?

Yes. Maryland levies its own estate tax, with a state exemption of $5 million and rates of 0.8%-16%. The federal estate tax can also apply, but only to estates over $15 million per person (2026).

Does Maryland have an inheritance tax?

Yes. Maryland is one of the few states with an inheritance tax, paid by the person who inherits rather than by the estate. Rates and exemptions depend on the heir's relationship to the person who died; the details are in the section above.

What is the federal estate tax exemption for 2026?

$15 million per person, $30 million for a married couple, indexed for inflation. The One Big Beautiful Bill Act (2025) made the higher exemption permanent. Estates below the threshold owe no federal estate tax.

At a Glance

Consent for Organ Donation

In Maryland, under the Uniform Anatomical Gift Act, an individual's documented decision to donate organs does not require family permission. While it is still encouraged to discuss your wishes with family, your decision to be an organ donor is legally binding.

Organ Donation Leave for Employees

Maryland law provides protected leave for employees who serve as organ donors. Eligible employees can take up to 60 business days of unpaid leave in any 12-month period for organ donation. Employers with at least 15 employees in Maryland are required to comply with this law.