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
Maryland's small estate is an abbreviated ADMINISTRATION, not an affidavit. The petitioner files RW1103 with Schedule B; the register, if satisfied the filing is accurate, directs the petitioner to serve as personal representative and issues letters, orders funeral expenses and family allowances paid, and — where property will remain — admits any will and directs a single published notice. After the objection and claim periods run, the personal representative files proof of publication and a list of all claims filed since the petition, and the court, if satisfied the administration is proper, directs payment of proper claims, expenses and the family allowance and distribution of the net estate under the will or the intestacy laws.
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.
Maryland's small estate is an abbreviated ADMINISTRATION, not an affidavit. The petitioner files RW1103 with Schedule B; the register, if satisfied the filing is accurate, directs the petitioner to serve as personal representative and issues letters, orders funeral expenses and family allowances paid, and — where property will remain — admits any will and directs a single published notice. After the objection and claim periods run, the personal representative files proof of publication and a list of all claims filed since the petition, and the court, if satisfied the administration is proper, directs payment of proper claims, expenses and the family allowance and distribution of the net estate under the will or the intestacy laws.
Real property is included: the small-estate value gate covers all property of the decedent subject to administration in Maryland (Schedule B calls for "all real and personal property owned by the decedent, individually or as tenant in common"), measured at fair market value less debts of record secured by the property to the extent insurance benefits are not payable to the lienholder or secured party (§ 5-601(d)). The appointed personal representative administers the property; nothing is collected by holder-presented affidavit.
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