Understanding Whether a Bank Account Falls Under Maryland’s Small Estate Limit
Detailed Answer
In Maryland, before you use the small estate process to collect a deceased person’s bank account, you must determine the value of the decedent’s personal property at the date of death and whether that value is at or below the statutory threshold for small estates. Below are the practical steps and legal concepts you need to know to confirm whether a particular bank account (and the decedent’s other personal property) is under a $20,000 limit you mentioned.
1. Know what the small estate process covers
The small estate route is generally a simplified way to collect personal property (bank accounts, personal effects, some intangible assets) without full probate. It usually does not apply to real property (real estate). Whether the small estate process is available depends on Maryland law and on the total value of the decedent’s personal property (the threshold amount).
2. Determine the date‑of‑death balance (not a later balance)
Banks and courts usually use the account balance at the date of death to decide whether the account fits a small‑estate threshold. Account activity after death (pending deposits, withdrawals, or bank fees) can change the present balance but does not change the value at the date of death for the small estate calculation. Ask the bank to provide a statement or official letter showing the balance on the date of death.
3. Collect documentation the bank will accept
- Certified death certificate (copies will usually be accepted by banks).
- Your photo ID and proof of your relationship to the decedent (if required by the bank).
- Account numbers or recent statements.
- If you already have or plan to use a small estate affidavit, bring a draft — banks sometimes accept the affidavit before filing.
4. Contact the bank and request an official date‑of‑death balance
Call or visit the bank branch where the account is held. Explain that the accountholder died and that you need the balance as of the date of death and information about any account ownership features (joint owners, payable‑on‑death (POD)/transfer‑on‑death (TOD), trust ownership). Ask for the bank’s policy on releasing funds and what documentation they require to release funds without probate. Request the bank provide the date‑of‑death balance in writing or by official statement.
5. Check account ownership details — these can remove the account from the estate
- Joint account with right of survivorship: Often passes automatically to the surviving joint owner and is not part of the estate.
- POD/TOD beneficiary designation: Amounts payable to a named beneficiary generally bypass probate and the small estate filing.
- Trust account: If the account is owned by a trust, it’s controlled by trust rules and typically not subject to the small estate affidavit.
6. Add up all personal property subject to the small estate rule
To know whether you qualify for the small estate procedure you must total all the decedent’s personal property that would otherwise be collected through probate (bank accounts that are part of the estate, household items, vehicles if included, cash, etc.). If the total is at or below the statutory threshold, you may proceed with the small estate process. Make sure to exclude assets that already pass outside the estate (joint accounts, POD, trust property).
7. Watch out for debts, holds, and other encumbrances
Even if the account balance is under the threshold, outstanding debts, tax liens, or the bank’s temporary holds may affect whether funds can be released without a full probate. The small estate procedure does not eliminate creditor claims — those claims may still need to be addressed.
8. Where to find Maryland forms and rules
Maryland courts, particularly the Register of Wills offices, publish instructions and forms for small estate procedures (small estate affidavits, required clerk forms, and county-specific guidance). Start with the Maryland Courts’ Register of Wills page: https://www.mdcourts.gov/register/wills. For state law and statute text, consult the Maryland General Assembly site: https://mgaleg.maryland.gov.
9. When to get legal help
If the estate value is close to the threshold, ownership is unclear, there are significant debts, or banks refuse to release funds, consult an attorney experienced in Maryland probate and small estate procedures. An attorney can confirm thresholds, prepare affidavits, and communicate with banks and creditors.
Key takeaways: To confirm whether a bank account is under the $20,000 small‑estate limit you must (1) get the account’s balance at the date of death from the bank in writing; (2) determine whether the account is part of the estate (not joint, POD, or trust); and (3) total all personal property subject to the small estate rule to confirm the estate does not exceed the statutory limit. If anything is unclear, consult the Register of Wills in the decedent’s county or an attorney.
Helpful Hints
- Ask the bank for a certified or dated statement showing the account balance on the date of death — this is the figure courts use.
- Identify ownership language on the account (“JTWROS,” “POD,” “TOD,” or trust name) — that language usually controls who gets the funds.
- Gather all recent bank and brokerage statements for the decedent — you’ll need them to total personal property for the small estate calculation.
- Check the Register of Wills website for your county — some counties provide local forms and instructions that make the process easier: https://www.mdcourts.gov/register/wills.
- Keep an eye on timing: banks may place temporary holds after learning of a death while they sort ownership; obtain documentation quickly to reduce delays.
- If the estate value is borderline or the bank won’t cooperate, ask a probate attorney for a short consultation — a lawyer can often resolve bank questions quickly.
- Remember to calculate the total of all applicable personal property (not just the one account) when testing against the threshold.