FAQ: How do I prove a zero balance and formally close my spouse’s estate in Maryland?

Short answer: In Maryland you must (1) determine whether probate administration is required, (2) gather and document all assets and liabilities, (3) notify creditors and resolve claims, (4) file the final accounting or summary paperwork with the Register of Wills or Orphans’ Court, and (5) obtain a court order or discharge showing the estate is closed. If the estate truly has no assets and no unpaid liabilities, you can often use simplified or summary procedures — but you still need to file the proper documents so banks, title companies, and agencies will accept the estate as closed.

Disclaimer

This article explains general Maryland probate procedures for informational purposes only. This is not legal advice. For guidance about your specific situation, consult a licensed Maryland attorney or your local Register of Wills office.

When this FAQ applies (simple hypothetical)

Assume a spouse died leaving: a few small bank accounts that together total under household bills after funeral and taxes, no real property in their name, no outstanding creditor claims, and no ongoing trust or business that requires administration. You want to show the estate has a zero balance and close it formally.

Step-by-step: How to prove a zero balance and close the estate in Maryland

1. Confirm whether formal probate is required

   Maryland has different paths: formal probate administration, summary administration, and small-estate procedures for tangible personal property. If the decedent left a will, someone normally files it with the Register of Wills in the county where the decedent lived. If there are only small assets or no assets, an estate may qualify for simplified closing or summary procedures. Contact the Register of Wills in the decedent’s county to confirm which path applies: https://www.mdcourts.gov/registers

2. Gather documents and prepare an inventory

   Collect the death certificate, the decedent’s will (if any), bank and investment statements, life insurance beneficiary information, retirement account beneficiary designations, bills, canceled checks, and any creditor correspondence. Create a short inventory that lists each asset and its balance as of the date of death, and list any known debts. If every asset is accounted for and there are no unpaid debts after payment of funeral expenses and taxes, you are close to proving a zero balance.

3. Handle immediate items (funeral, taxes, urgent bills)

   Pay funeral expenses and any taxes or urgent bills from estate funds or with consent of beneficiaries, if applicable. Keep receipts. If there is no estate bank account, some counties permit the personal representative or a family member to pay reasonable funeral expenses from personal funds and later be reimbursed from the estate.

4. Notify known creditors and publish notices if required

   Maryland procedure often requires notifying creditors or publishing a notice so unknown creditors can present claims. If claims arise, resolve them or document that no unpaid claims remain. Keep copies of mailed notices and proofs of publication. The Register of Wills can explain county-specific notice requirements: https://www.mdcourts.gov/registers

5. If assets were small, consider the small-estate or summary route

   If the estate qualifies under Maryland’s simplified procedures for personal property, beneficiaries may use affidavits or summary forms to collect tangible personal property or small bank accounts without full probate. The Register of Wills’ office provides information and county-specific forms and guidance: https://www.mdcourts.gov/registers

6. Prepare and file a final account or closing affidavit

   If the estate went through formal administration, the personal representative (executor/administrator) must prepare a final account showing all receipts, disbursements, tax payments, creditor payments, and the final distribution. If the estate has a zero balance and all creditors are paid or none exist, the final account will show zero remaining for distribution. In many counties you can file a Petition for Allowance of Final Account and for Discharge. The Orphans’ Court (or Register of Wills in counties where it handles probate matters) will enter an order discharging the personal representative. Learn how to contact your local Orphans’ Court: https://www.mdcourts.gov/clerks/orphanscourt

7. Obtain a court order or discharge

   After reviewing the final account, the court will issue an order allowing the account and discharging the personal representative. This order or discharge is the formal proof the estate is closed. Keep certified copies — banks and government offices will accept them as proof the estate is settled.

8. Provide certified documents to third parties

   Give certified copies of the discharge or final order to banks, title companies, Social Security (if required), and other institutions that ask for proof of the estate closing. Close any remaining accounts and cancel unused credit cards using the official court paperwork as evidence.

9. File final tax returns

   File the decedent’s final state and federal income tax returns and any required estate tax filings. Even if the estate has a zero balance, you may need to file returns for the tax year of death. Keep records of filings and payments.

Common documents you will prepare or collect

• Certified death certificate(s)
• Original will (if any)
• Inventory of assets and liabilities (with supporting statements)
• Proof of payments (funeral, taxes, creditor payoffs)
• Notices to creditors and proofs of publication (if required)
• Final account or closing affidavit and proposed order
• Certified copy of the court’s discharge/order
• Copies of final tax returns

If others object or creditors show up

If a creditor files a timely claim or a beneficiary objects to the final account, the Orphans’ Court will schedule a hearing. You will need to prove the estate had no unpaid debts (or that the claim is invalid) by presenting records, bills, and proof of payment. Keep meticulous records so you can respond quickly.

Where to get forms and county-specific instructions

Maryland’s Register of Wills offices and Orphans’ Courts provide forms and instructions for each county. Start here to find the office and local forms for your county: https://www.mdcourts.gov/registers and https://www.mdcourts.gov/clerks/orphanscourt. The Register of Wills can tell you whether your situation qualifies for summary procedures or requires a formal final account.

Helpful Hints

• Start at the Register of Wills in the county where your spouse lived — they will point you to the correct paperwork and the Orphans’ Court rules.
• Keep copies of everything and make a short written chronology of each transaction so you can reconstruct the estate history if challenged.
• Get several certified copies of the death certificate early; many institutions require them.
• If you expect no assets or debts, ask the Register of Wills whether a formal filing is still recommended to avoid future claims against you as the surviving spouse.
• If you feel uncomfortable preparing the final account or if creditors or beneficiaries may dispute the closing, consult a Maryland probate attorney to review or prepare the filings.
• When in doubt, document every payment and correspondence with creditors; what you cannot prove may be considered unpaid.
• Ask for a certified copy of the court order discharging the personal representative — that document resolves most post-closing disputes.

Key Maryland resources

• Register of Wills (county offices and procedures): https://www.mdcourts.gov/registers
• Orphans’ Courts (county-level courts that handle estates): https://www.mdcourts.gov/clerks/orphanscourt
• Maryland Courts probate forms and guidance (start here for common forms and instructions): https://www.mdcourts.gov/registers (county pages link to county forms)

Following these steps will help you prove that the estate has a zero balance and close it in Maryland. If you run into disagreements, unknown creditor claims, or complex assets (real estate, business interests, trusts), seek legal help to avoid personal liability and to make sure you use the correct county-specific forms and timelines.

Remember: This information is educational and not legal advice. For counsel tailored to your facts, contact a Maryland probate attorney or your county Register of Wills.