Maryland Small Estate Affidavit
Maryland has no bank-presented small estate affidavit. Instead a small estate is administered through the Register of Wills for property subject to administration of $50,000 or less, or $100,000 when the surviving spouse is the sole heir, with no waiting period. Attorney review available.
Introduction
A small estate affidavit is the sworn document that lets a person entitled to a decedent's property collect it without full probate, and Maryland sets two ceilings for it: $50,000 of property subject to administration, or $100,000 when the surviving spouse is the sole heir. Maryland handles small estates differently from most states: it has no affidavit that you hand to a bank. Instead, a small estate is administered through the Register of Wills under Maryland Code, Estates and Trusts Sections 5-601 through 5-607, using a sworn petition. The small estate procedure is available when the property of the decedent subject to administration in Maryland has a value of $50,000 or less as of the date of death (Section 5-601(a)). That ceiling rises to $100,000 when the surviving spouse is the sole legatee or heir of the decedent (Section 5-601(c)). Value is measured as the fair market value of the property, less debts of record secured by the property, as of the date of death (Section 5-601(d)), and only property subject to administration counts, so property that passes outside administration, such as jointly titled property and accounts with a named beneficiary, is not included. Maryland measures eligibility by that value, not by elapsed time, so there is no waiting period after death before the petition may be filed. A petition may be filed by any person entitled to administration under Section 5-104, and it lists the known property and its value, the known creditors and the amount of each claim, and any pending legal proceedings (Section 5-602). If the decedent left a will, the original is deposited with the Register of Wills (Section 4-202). DocDraft builds your Maryland small estate petition from your facts, with attorney review available before you sign.
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Key Things to Know
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A small estate affidavit is a sworn statement used to collect a decedent's property without a full probate case; in Maryland it takes the form of a small estate administration opened with the Register of Wills under Estates and Trusts Sections 5-601 through 5-607.
- 2
Maryland has no bank-presented small estate affidavit. The petitioner files a small estate petition with the Register of Wills, not with a bank or other asset holder.
- 3
The small estate procedure is available when the property of the decedent subject to administration in Maryland has a value of $50,000 or less as of the date of death (Estates and Trusts Section 5-601(a)).
- 4
The ceiling rises to $100,000 when the surviving spouse is the sole legatee or heir of the decedent (Estates and Trusts Section 5-601(c)).
- 5
Value is the fair market value of the property, less debts of record secured by the property, as of the date of death (Section 5-601(d)); only property subject to administration counts, so non-probate transfers are excluded.
- 6
Maryland measures eligibility by the value of the estate as of the date of death and sets no waiting period after death before the petition may be filed.
- 7
A petition may be filed by any person entitled to administration under Section 5-104, and it lists the known property and its value, the known creditors and each claim amount, and any pending legal proceedings (Section 5-602); a will is deposited with the Register (Section 4-202).
Key decisions before you file
Before you file a Small Estate Affidavit in Maryland, a few decisions shape the document: which option to choose and what each one means. The Small Estate Affidavit guide walks through them.
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Maryland Requirements for Small Estate Affidavit
No Waiting Period
Maryland sets no waiting period after death before a small estate petition may be filed. Eligibility is measured by the value of the property subject to administration as of the date of death, not by elapsed time (Maryland Code, Estates and Trusts Sections 5-601 and 5-602), unlike states that require 30 or 40 days to pass first.
$50,000 Base Value Limit
The small estate procedure is available when the property of the decedent subject to administration in Maryland has a value of $50,000 or less as of the date of death (Estates and Trusts Section 5-601(a)). Only property subject to administration counts, so property that passes outside administration is not included.
$100,000 Limit When Spouse Is Sole Heir
The ceiling rises to $100,000 or less when the surviving spouse is the sole legatee under the will or the sole heir in intestacy (Estates and Trusts Section 5-601(c)). This higher limit applies only in that situation; otherwise the $50,000 base limit controls.
Value Is Fair Market Value Less Secured Debts
Value is the fair market value of the property, less debts of record secured by the property, as of the date of death, to the extent insurance benefits are not payable to the secured party (Estates and Trusts Section 5-601(d)). Only property subject to administration counts; jointly titled property and accounts with a named beneficiary pass outside administration and are excluded.
Filed With the Register of Wills
Maryland has no bank-presented affidavit. The small estate petition is filed with the Register of Wills for the county, or Baltimore City, where the decedent was domiciled, which oversees the administration (Estates and Trusts Section 5-602). Confirm the Register of Wills office checklist and fees before filing.
Who May Petition
A petition may be filed by any person entitled to administration under Estates and Trusts Section 5-104, which ranks the persons named in the will, then the surviving spouse and other heirs (Section 5-602). The petitioner states that a diligent search was made to discover all property and debts of the decedent.
Petition Lists Property and Creditors
The petition lists the known property of the decedent and its value, the known creditors and the amount of each claim including contingent and disputed claims, and any pending legal proceedings in which the decedent was a party (Estates and Trusts Section 5-602). The petition is verified as true.
Will Deposited With the Register
If the decedent left a will, the original is deposited with the Register of Wills, who retains it until it is offered for probate (Estates and Trusts Section 4-202). The certified death certificate and funeral bill are Register of Wills office requirements, so confirm the current checklist for your Maryland small estate.
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