How Do I Claim a Small Estate in Maryland?
Maryland's small-estate shortcut is a court proceeding — collection is authorized by the court's own act, not by an affidavit presented to the holder of the property.
The Maryland small-estate procedure
Filed with the Register of Wills for the county (or Baltimore City) of the decedent's domicile — the caption runs "Before the Register of Wills for ___ (or) In the Orphans' Court for ___". On a qualifying petition the register/court appoints a personal representative of the small estate, who administers under the abbreviated Subtitle 6 procedure (publication notice, claims, then distribution under the will or intestacy). A small-estate personal representative is not entitled to commissions, and bond is excused below the statutory gross-value trigger unless required.
Frequently asked questions
Maryland's small-estate shortcut is a court proceeding — collection is authorized by the court's own act, not by an affidavit presented to the holder of the property.
An estate of $50,000 or less ($100,000 when the surviving spouse is the sole successor), per Md. Code, Est. & Trusts §§ 5-601 to 5-607.
Filed with the Register of Wills for the county (or Baltimore City) of the decedent's domicile — the caption runs "Before the Register of Wills for ___ (or) In the Orphans' Court for ___". On a qualifying petition the register/court appoints a personal representative of the small estate, who administers under the abbreviated Subtitle 6 procedure (publication notice, claims, then distribution under the will or intestacy). A small-estate personal representative is not entitled to commissions, and bond is excused below the statutory gross-value trigger unless required.
Real property is included: the small-estate value gate covers all property of the decedent subject to administration in Maryland (real and personal, per Schedule B), measured at fair market value less debts of record secured by the property to the extent insurance benefits are not payable to the lienholder (§ 5-601(d)). The appointed personal representative administers the property; nothing is collected by holder-presented affidavit.
