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§ 2-206. Charge and collection of fees

West's Annotated Code of MarylandEstates and TrustsEffective: October 1, 2022

West's Annotated Code of Maryland
Estates and Trusts (Refs & Annos)
Title 2. The Court (Refs & Annos)
Subtitle 2. Register of Wills (Refs & Annos)
Effective: October 1, 2022
MD Code, Estates and Trusts, § 2-206
§ 2-206. Charge and collection of fees
Currentness
In general
(a)(1) In this subsection, “poverty” means:
(i) At the time of the decedent's death, the decedent's family household income was less than 50% of the median family income for the State as reported in the Federal Register; or
(ii) The personal representative is represented by an attorney retained through the Maryland Legal Services Corporation.
(2) The registers of wills are entitled to charge and collect the fees listed in this section for the performance of their duties.
(3) Unless otherwise provided by law, a register of wills is not required to record any document filed with the register or provide to any person a copy of a document until the appropriate fee for the document has been paid.
(4) A register of wills shall waive any fees under this section for the administration of an estate if:
(i) The real property of the decedent subject to administration in the State is:
1. To be transferred to an heir of the decedent who resides on the property; or
2. Encumbered by a lien against the property and subject to sale under Title 14, Subtitle 8 of the Tax--Property Article; and
(ii) The estate is unable to pay the fees by reason of poverty.
Fees assessed on value of probate estate
(b)(1) For taking probate of wills and furnishing 2 certified copies of the will and codicils, granting letters of administration and furnishing 12 certificates of letters, issuing warrants to appraise, entering on estate docket, filing elections of surviving spouses to take intestate shares, filing renunciations and disclaimers, filing and recording wills, bonds, inventories, accounts of sale, releases, administration accounts, petitions and orders, and other papers filed in the administration of decedents' estates not otherwise specified in subsections (c) through (l) of this section, the probate fees shall be as stated under paragraph (2) of this subsection.
(2) Probate fees shall be assessed on the value of the probate estate at the following rates:
If the
Value
of the
Probate
But Less
The Fee
Estate Is
Than
Is
At Least
(i)
--
$50,000
$0
(ii)
$50,000
$100,000
$100
(iii)
$100,000
$500,000
$200
(iv)
$500,000
$1,000,000
$1,000
(v)
$1,000,000
$2,500,000-
$2,000
(vi)
$2,500,000
$5,000,000
$5,000
(vii)
$5,000,000
$7,500,000
$7,500
(viii)
$7,500,000
$10,000,000
$10,000
(ix)
$10,000,000
--
$10,000
plus .02% of excess
over $10,000,000
(3) Except as provided in paragraph (4) of this subsection, for purposes of determinations under paragraph (2) of this subsection, the value of a probate estate is the amount, as reflected in the administration accounts filed in the proceedings, that equals:
(i) The sum of:
1. The value of all inventories filed in the proceedings;
2. All principal and income receipts; and
3. All increases realized on a disposition, other than a distribution to beneficiaries, of any probate asset; less
(ii) All decreases realized on a disposition, other than a distribution to beneficiaries, of any probate asset.
(4)(i) If an estate proceeds through modified administration, for the purpose of determining the appropriate fee under paragraph (2) of this subsection, the value of an estate is the gross value of the probate assets reported on the final report under modified administration.
(ii) A register of wills shall assess and collect the probate fee when the personal representative files the final report.
(5)(i) Except as provided in subparagraph (ii) of this paragraph, the register shall assess and collect the probate fee when the first administration account is filed.
(ii) If there are any additions to the value of a probate estate, as reflected in any subsequent administration account, the register shall:
1. Assess an additional fee in an amount equal to the excess of:
A. The fee as determined under paragraph (2) of this subsection based on the value of the probate estate as reflected in the currently filed administration account; over
B. The fee as determined under paragraph (2) of this subsection based on the value of the probate estate as reflected in the most recent previously filed administration account; and
2. Collect the additional fee when the subsequent administration account is filed.
Additional letters of administration
(c) For furnishing an additional letter of administration, with seal
 
$1
Certified copies of records
(d) For a certified copy of a record, if expressly required by law or a person, with seal
 
$1
Exemplified copies of a records
(e) For an exemplified copy of a record, if expressly required by law or a person, with seal
 
$2
Recording claims against estate of deceased person
(f) For recording a claim against an estate of a deceased person, for each
 
$3
Recording papers in caveat or other controversial matters
(g) For recording papers in caveat or other controversial matter, for the petitioner
 
$20
Transcribing papers filed in caveat or other controversial proceedings
(h) For transcribing papers filed in caveat or other controversial proceedings when taken to higher court, per page or part of a page
 
$2
Recording papers filed in caveat or other controversial proceedings
(i) For recording papers filed in caveat or other controversial proceedings, when mandate of higher court is filed, per page or part of a page
 
$2
Copies of a paper or record
(j) For copies of a paper or record, including plain certification and seal, per page or part of a page
 
$2
Photostatic or other artificially reproduced copies of a paper or record
(k) For photostatic or other artificially reproduced copies of a paper or record, per page or part of a page
 
50 cents
Receiving will for deposit during lifetime of testator
(l) For receiving a will for deposit during the lifetime of the testator
 
$5
Filings regarding guardianship proceeding
(m) For filings regarding a guardianship proceeding, for the petitioner
 
$20
Receiving and paying inheritance tax due to State
(n) For receiving and paying over an inheritance tax due the State, the register is allowed a commission of 25% of the inheritance tax.
Proceedings involving foreign personal representative
(o) For all proceedings involving a foreign personal representative, a single fee of 1% of the gross value of the estate.
Copies of recording of hearing before orphan's court
(p) For a copy of a recording of a hearing before an orphan's court
 
$25
Cost of check returned for insufficient funds
(q) For the actual cost charged by the financial institution of a check returned for insufficient funds or other reason.
Cost of certified mailings, registered mailings, or other method of process
(r) For the actual cost of all certified mailings, registered mailings, or other method of process except first-class mail.

Credits

Added by Acts 1974, c. 11, § 2, eff. July 1, 1974. Amended by Acts 1974, c. 762; Acts 1976, c. 273, § 1; Acts 1987, c. 11, § 1; Acts 1989, c. 656, § 2; Acts 1991, c. 302; Acts 1997, c. 596, § 1, eff. Oct. 1, 1997; Acts 1997, c. 693, § 1, eff. Jan. 1, 1998; Acts 2018, c. 233, § 1, eff. Oct. 1, 2018; Acts 2019, c. 224, § 1, eff. Oct. 1, 2019; Acts 2020, c. 628, § 1, eff. May 8, 2020; Acts 2022, c. 716, § 1, eff. Oct. 1, 2022.
MD Code, Estates and Trusts, § 2-206, MD EST & TRST § 2-206
Current through legislation effective through April 25, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document