Maryland
Death Laws & End-of-Life Guide

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 people or agencies with the relationship or interest required by Maryland law can order a certified death certificate. Ask each bank, insurer, court, agency, and property office whether it requires a certified copy, then order an initial quantity based on those actual needs. Confirm current eligibility, fees, and ordering methods with Maryland Vital Statistics before ordering.

Who can order a death certificate in Maryland?

A surviving relative or an authorized representative of the person who died, or the funeral director who handled the disposition. Under COMAR 10.03.08 that means a direct and tangible interest: relatives with a birth or marriage certificate showing the relationship, beneficiaries, someone with letters of administration or a release from a relative, a business need or a court order. Certified copies come from Maryland's Division of Vital Records, Maryland Department of Health, for deaths in 2012 or later; some local health departments issue copies too, and the State Archives holds earlier deaths, online through VitalChek, by mail with the application and a self-addressed stamped envelope, in the Baltimore lobby by appointment, or at some local health departments.

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. Ask each bank, insurer, court, and agency whether it needs its own certified copy before you decide how many to order.

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.

Handwritten wills.

Maryland accepts an unwitnessed handwritten will from one group only: a member of the U.S. armed services who writes it entirely by hand and signs it outside the United States and its territories (Md. Code, Est. & Trusts § 4-103). It becomes void one year after the person's discharge, unless they died or lost capacity before then. Everyone else needs two or more credible witnesses (§ 4-102). A will signed while the person was outside Maryland counts if it met the law of their home state or of the place they signed it (§ 4-104).

Source: Md. Code, Est. & Trusts § 4-103 (Maryland General Assembly) ↗Source: Md. Code, Est. & Trusts § 4-104 ↗

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 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’re alive and the property passes to your named beneficiary at death, outside probate, revocable any time before then. Maryland's first TOD deed law took effect October 1, 2026. It also covers a TOD deed signed before that date, as long as the owner dies on or after it.

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) ↗

Time off work after a death in Maryland

Maryland is one of nine states that require a private employer to give bereavement leave. The limits matter as much as the entitlement.

Who it covers. Employers with 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. The statute sets no minimum tenure. Immediate family means a child, spouse, or parent, with parent covering adoptive, biological, foster and stepparents, legal guardians, and someone who stood in loco parentis. The statute defines bereavement leave as "leave an employee is allowed to use on the death of a member of the employee's immediate family."

How much. No fixed number. The employee uses paid leave they have already earned, and an employee who earns more than one kind of paid leave picks which type and how much to use.

Paid or unpaid. Paid, because it is the employee's own earned leave with pay: sick leave, vacation, paid time off, or compensatory time. It excludes insurance benefits, workers' compensation, unemployment, and disability payments.

It does not create bereavement days. It's a use-it-for-this rule: if a covered employer already gives paid leave, it cannot refuse to let a worker spend that earned leave on a death in the immediate family. A worker with no accrued leave gets nothing from it. The employer also can't discharge, demote, suspend, discipline, or otherwise retaliate against someone for requesting or taking it. Maryland's Department of Labor summarizes the same rule on its Employment Standards guide: "The Flexible Leave Act, section 3-802 of the Labor and Employment Article authorizes employees of employers with 15 or more individuals to use 'leave with pay' to care for an immediate family member who is ill or for bereavement leave upon the death of an immediate family member" (https://labor.maryland.gov/labor/wages/essguide.shtml). The older standalone Flexible Leave page at labor.maryland.gov/labor/wagepay/wpflexleave.shtml still describes only the family-illness use and never mentions bereavement. The essguide page above and the statute cover the bereavement use. Maryland's earned sick and safe leave law is separate and does not list bereavement, and Maryland has no pregnancy-loss leave provision.

Source: Md. Code, Labor & Employment § 3-802 (Flexible Leave Act) ↗

Can I leave money to care for my pet in Maryland?

Yes. Maryland enforces pet trusts under Md. Code, Est. & Trusts § 14.5-407, so money you set aside for an animal is legally binding on whoever you put in charge of it. The trust ends when your animal dies, or when the last of them dies if you covered more than one, and Maryland sets no year limit on it. Whoever you name in the trust enforces it, and if you name nobody a court appoints someone. Anyone who cares about a covered animal can also ask the court to appoint an enforcer or to remove one who isn't doing the job. A judge can cut the amount back if it holds more than your animal's care requires. Unless your trust says where the extra should go, it goes to you if you're living, and to whoever inherits from you once you've died. Maryland covers an animal that was alive during your lifetime, so a pet your family takes in after you die needs its own arrangement. Name the caretaker and the person who enforces the trust, and a backup for each; Maryland won't choose them for you.

Source: Md. Code, Est. & Trusts § 14.5-407 ↗

How to set one up, and what it costs →

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 to 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 doesn't 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 to 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's 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 don't 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're 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 can't 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?

Start with Md. Code, Health-Gen. § 5-602 (Health Care Decisions Act), linked as this section's source. Use the current form or sample that the official source provides or identifies. Form authority and execution requirements vary by state, so confirm the source before signing and get legal help if your situation or the instructions are unclear.

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

Maryland requires 2 adult witnesses; notarization isn’t required. Anyone 18 or older of sound mind can make one.

At a Glance

Embalming and Casket Requirements

Maryland law doesn't require embalming. For burials, while state law doesn't mandate a casket, cemeteries may have their own requirements. For cremation, crematories can't 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.

The 12-hour wait, and the two documents before it

Maryland's waiting period is 12 hours, and it's in regulation rather than statute. Under COMAR 10.29.18.07, a crematory can't cremate until the body has been identified as Health Occupations § 7-411 requires, the crematory has a cremation authorization form approved by the Board and signed by an authorizing agent, and the crematory has documented that at least 12 hours have passed since the time of death. Separately, remains designated for cremation have to be cremated within 48 hours of the crematory receiving them, or held in a refrigerated facility at 40 degrees or less unless embalmed.

Source: COMAR 10.29.16 to 10.29.20, Board of Morticians and Funeral Directors crematory regulations (PDF) ↗

Water Cremation and Human Composting

Maryland put both into statute with the Green Death Care Options Act, 2024 Md. Laws ch. 600 (HB 1168), effective October 1, 2024. Md. Code, Health Occ. § 7-101 defines alkaline hydrolysis, also called water cremation or aquamation, as 'the process of reducing human remains using water, alkaline chemicals, and heat inside a watertight vessel to accelerate decomposition,' and defines natural organic reduction, or human composting, as 'the contained accelerated conversion of human remains into soil.' Cremation itself is still defined as incineration; alkaline hydrolysis is its own thing, and a crematory is now a building that houses either. Since July 1, 2026, the State Board of Morticians and Funeral Directors is the only regulator of crematories and reduction facilities, and the Office of Cemetery Oversight no longer is (2026 Md. Laws ch. 187, SB 413). Availability depends on which facilities have come online.

Source: 2026 SB 413, State Board of Morticians and Funeral Directors, regulation of crematories and reduction facilities (Ch. 187) ↗Source: 2024 HB 1168, Green Death Care Options Act (Ch. 600) ↗

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, 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.

Who decides what happens to the body in Maryland

Maryland sets this order by statute. The first person on the list who is available and willing decides, and a funeral home takes its instructions from them.

1. person designated on DD Form 93 as authorized to direct disposition, if the decedent died in the uniformed services and executed one
2. person designated as authorizing agent in a valid document executed under § 5-509(a)(1) (written and signed by the decedent in the presence of a witness who also signs)
3. surviving spouse or domestic partner
4. adult child
5. parent
6. adult brother or sister
7. adult grandchild
8. person acting as the decedent's representative under a signed authorization that does not meet the witness requirement of subsection (b)
9. guardian of the person of the decedent at the time of death, if one was appointed
10. any other person willing to assume the responsibility, including the personal representative of the estate, after attesting in writing to a good-faith effort to contact everyone above

Naming someone in advance. A document executed under § 5-509(a)(1)(i) that expresses the individual's wishes about disposition of their own body, including a document designating a person to act as authorizing agent; a pre-need contract under (a)(1)(ii) does the same job. Validity requires the document to be written and signed by the individual in the presence of a witness, who then signs it in the individual's presence (§ 5-509(b)). It is a standalone instrument rather than the Maryland advance directive, and DD Form 93 is the military alternative that ranks first.

When the same tier disagrees. § 5-509(d): where a decedent has more than one survivor in the spouse-through-grandchild tiers, any adult child, parent, adult sibling, or adult grandchild who confirms in writing to the practitioner that all other members of the same class were notified may serve as authorizing agent for cremation under § 5-502, unless the practitioner receives a written objection from another class member within 24 hours. Otherwise the majority of a class may serve as the authorizing agent. The section names no court referral.

Maryland puts a domestic partner on the same rung as a spouse. A person forfeits the right, and it passes to the next qualifying person, if they don't exercise it within 7 days of a funeral establishment notifying them of the death or within 10 days after the death, whichever is earlier; if they're charged with first- or second-degree murder or voluntary manslaughter in connection with the death and the funeral director knows of it, restored on dismissal or acquittal; or if they're subject to an active interim, temporary, or final protective order naming the decedent as a person eligible for relief and a copy is shown to the funeral director. The right can also be given up voluntarily by a written waiver submitted to the practitioner or funeral establishment.

Source: Md. Code, Health-General § 5-509 ↗

If you can't afford the funeral in Maryland

Three separate pots of money, on three different agencies' websites, collected nowhere. A family that qualifies for all three usually claims none of them.

1. When nobody can pay. Burial Assistance Program Maryland Department of Human Services, Family Investment Administration. You apply through the local department of social services in the county (or Baltimore City) where the person lived. Statewide line: 1-800-332-6347.

What it pays. $650. COMAR 07.03.20.03 says "The maximum payment for burial assistance is $650," and the grant is "$650 or the difference between the funeral expenses, not to exceed $2,500, and the available resources, whichever is less." Maryland's statute (Human Services § 5-415) sets a higher ceiling, "The funeral expenses paid by the local department may not exceed $900," but the regulation is what pays out, and it pays $650. The DHS burial assistance web page, which never published a dollar amount, went offline in 2026 when the department moved its site to benefits.maryland.gov. The regulation is the official page to read.

What disqualifies you. This one is narrow, and the narrowness is in the rule, not in us. Under COMAR 07.03.20.03 the local department may pay for the funeral of: a child in Social Services Administration foster care at the time of death; a person receiving public assistance at death, including someone whose grant was suspended but not canceled; a person on Medical Assistance in a nursing home at death who used to get SSI or Public Assistance to Adults; a newborn who wasn't in a TCA assistance unit if the mother was a TCA recipient and the baby died within 60 days of birth or of the mother's release from the hospital, whichever is later; or a person considered eligible for TDAP at death. Two more conditions: total funeral expenses can't exceed $2,500, not counting a burial lot, vault, grave digging, or burial clothing when family or friends pay for those, and the money can't reimburse anything already paid. DHS also says it needs proof of assets, death, and the funeral arrangements.

The official page ↗

2. If the death was caused by a crime. $10,000. Md. Code, Criminal Procedure § 11-811(a)(4): "An award for funeral expenses may not exceed $10,000." There are no sub-caps for a headstone, flowers, or burial clothing in the statute. The whole claim, including anything else awarded, is capped at $45,000 under § 11-811(b)(4), and awards get reduced by anything paid by the offender or another public or private source. The Criminal Injuries Compensation Board's own page says to report the crime to the authorities within 48 hours unless you can show good cause, and § 11-809(a)(1) gives you four years to file the claim. CICB is at 410-697-9338.

Maryland crime victim compensation ↗

3. Money the person was already owed. Search Maryland's unclaimed property before you borrow anything. Searching and claiming are free.

Maryland unclaimed property ↗

Do this in order. First, call the local department of social services in the county where the person lived and ask for burial assistance, before you sign a contract with a funeral home. The grant is $650 and it dies if the total bill goes over $2,500, so the funeral home needs to know the ceiling before it writes the bill. It also can't repay money you've already handed over, so don't pay first and ask later. If you can't find the local office, call 1-800-332-6347. Second, if the person was killed in a crime, file with the Criminal Injuries Compensation Board at 410-697-9338. Funeral expenses are covered up to $10,000. Report the crime to police within 48 hours if you can, and file the claim within four years. Third, search https://www.claimitmd.gov/ under the person's name and any name they used before. It's the Comptroller of Maryland's own site and it's free. Anyone charging you for that search is charging for a government service. One more thing, and it's a hard one to read. If nobody can pay anything, a body may go to the Maryland State Anatomy Board. The Board's own family information sheet says it holds a body a minimum of three days and up to seven, and during that window your family can still claim it by choosing a Maryland funeral or cremation service and having them contact the Board. Board fees for transportation, consumables, and storage get charged to that funeral home and can land on your contract. After seven days the Board cremates, and the ashes are buried at the State burial grounds in Sykesville. Families can ask to be notified about the annual memorial service. The Board is at (410) 547-1222 or (800) 879-2728.

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, plus any deceased spousal unused exclusion amount. The figure is fixed in the statute and doesn't index with inflation, so it hasn't moved since 2019. The tax uses a graduated rate structure, starting at 0.8% and capped by statute at 16% of the amount by which the taxable estate exceeds the exemption. The Maryland estate tax return is due nine months after the decedent's date of death.

Source: Md. Code, Tax-Gen. § 7-309 (exemption and 16% cap) ↗Source: Md. Code, Tax-Gen. § 7-305 (return due 9 months after death) ↗

Maryland Inheritance Tax

Maryland also levies an inheritance tax, a tax on the right to receive property from a decedent. The rate is 10% of the clear value, meaning fair market value minus expenses. The exempt list in Md. Code, Tax-Gen. § 7-203(b) is wide: a grandparent, a parent, a spouse, a child or any lineal descendant of a child, a spouse of a child or of a child's lineal descendant, the surviving spouse of a deceased child who was married to that child at death, and a brother or sister. Stepchildren and stepparents count. The tax applies to tangible personal property located in Maryland, and to a decedent domiciled in Maryland at death.

Source: Md. Code, Tax-Gen. § 7-204 (10% rate) ↗Source: Md. Code, Tax-Gen. § 7-203 (exemptions) ↗

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 Working Families Tax Cuts Bill (Public Law 119-21, 2025) made the higher exemption permanent. Estates below the threshold owe no federal estate tax.

At a Glance

Consent for Organ Donation

In Maryland, a registered organ donor decision is legally binding, and nobody else can amend or revoke it after your death (Md. Code, Est. & Trusts § 4-506(a)). One exception: if the donor is an unemancipated minor, a parent or guardian who is reasonably available can revoke or amend the gift (Md. Code, Est. & Trusts § 4-506(g)). Organ procurement organizations still consult families in practice, so tell yours what you decided.

Source: Md. Code, Est. & Trusts § 4-506 (preclusive effect of anatomical gift) ↗

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.