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Understanding Maryland’s Small Estate Affidavit Process

If a loved one dies owning less than $50,000 in personal property and no real estate in Maryland, you may qualify to use the small estate affidavit process under Maryland Code, Estates & Trusts § 7-201. This streamlined procedure lets heirs collect assets without formal probate.

Eligibility Requirements

• Decedent’s net personal property value under $50,000 (Estates & Trusts § 7-201).
• No real property located in Maryland.
• At least 30 days have passed since the date of death.

Step-by-Step Process

1. Obtain certified death certificate(s).
2. Gather an inventory of personal assets (bank accounts, vehicles, insurance policies).
3. Identify all heirs under Maryland’s intestate succession rules (Estates & Trusts § 3-101).
4. Complete the Small Estate Affidavit form. Include:
   • Affiant’s name and relationship to decedent.
   • Itemized asset list and estimated values.
   • Statement that no formal probate proceedings exist.
   • Affidavit that creditors have been notified or that none are known.
5. Have the affidavit notarized.
6. File the affidavit and death certificate with each asset holder (e.g., banks, vehicle administration, insurers).

Distributing Assets to Heirs

Once each institution accepts the affidavit, they will release funds or titles directly to the affiant for distribution. You must then distribute estate assets according to Maryland’s intestate laws:

• Spouse, then children.
• If no spouse or children, parents inherit equally.
• If no parents, siblings or their descendants.

After Filing

Retain copies of all filed affidavits and receipts. Maintain clear records of distributions to each heir. This documentation protects against future claims.

Additional Considerations

If the estate includes vehicles or titled assets, contact the Maryland Motor Vehicle Administration for title transfer procedures. For insurance policies or retirement accounts, follow the insurer’s or plan administrator’s beneficiary claim process.

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney about your specific situation.

Helpful Hints

• Confirm the decedent’s total personal property value before proceeding.
• Collect multiple certified death certificates—asset holders often require originals.
• Notify all known creditors in writing to prevent future liens.
• Keep an organized file of all correspondence and filings.
• Consider a brief consultation with a probate attorney if any asset’s value is close to $50,000.