FAQ: Submitting an Affidavit Accounting for Personal Property in a Maryland Small Estate

Short answer: In Maryland, an affidavit accounting for personal property in a small estate is a sworn statement that lists the deceased person’s personal property, states the values, and identifies the persons entitled to it. If the estate meets Maryland’s small‑estate rules, someone with knowledge (usually an heir or a personal representative) prepares the affidavit, signs it under oath before a notary, attaches a certified death certificate, and presents it to the person or institution holding the property (or to the court if required). This lets holders release property without full probate. This article explains the typical steps under Maryland law, what to include, when small‑estate procedures apply, and when to consult an attorney.

Disclaimer

This is general information only and not legal advice. I am not a lawyer. For advice about a specific case, consult a qualified Maryland attorney.

When Maryland small‑estate affidavits apply

Maryland law provides simplified procedures for collecting certain personal property of a decedent when the estate is small or where a specific formula applies. These procedures are generally limited to personal property (not real estate) and to estates that meet statutory dollar thresholds or other eligibility rules. See Maryland’s Estates & Trusts provisions on small estates for details: Md. Code, Estates & Trusts, Title 7 (Small Estates). For practical forms and guidance, the Maryland Courts provide a small‑estate self‑help resource: Maryland Courts – Small Estates.

Step‑by‑step: How to prepare and submit the affidavit

1. Confirm eligibility.
   • Determine whether the estate meets Maryland’s small‑estate conditions (value limits and types of property eligible). If the estate exceeds the threshold or includes real property, the small‑estate affidavit route is likely not available.
   • If there is a surviving spouse, minor children, creditors, or a will, check how those factors affect eligibility.
2. Identify who can sign the affidavit.

   Typically an heir, a surviving spouse, or an appointed personal representative (if one exists) prepares and signs the affidavit. The person signing must have personal knowledge of the facts sworn to in the affidavit.

3. Collect required documents and information.
   • Certified death certificate(s).
   • Decedent’s full legal name, date of death, and last residence (county).
   • A complete list of the decedent’s personal property in question (bank accounts, vehicles, personal effects, insurance proceeds, cash, etc.), with approximate values and the holder(s) of those items (bank name, company, or individual).
   • Names and relationships of heirs or beneficiaries entitled to the property, and how the property will be divided.
   • Any supporting account statements, bills of sale, title documents (e.g., vehicle title), or correspondence showing the holder’s control over the property.
4. Draft the affidavit content.

   Include these elements in the affidavit:

   • Caption identifying the decedent (name, date of death, last county of residence).
   • Declarant’s name, address, and relationship to the decedent.
   • A clear statement that the declarant has personal knowledge of the facts and that the decedent’s probate estate qualifies as a small estate under Maryland law.
   • An itemized schedule of the personal property being claimed, with estimated values and the holder’s name or location for each item.
   • A statement describing the persons entitled to the property and how the property will be distributed among them.
   • An oath or affirmation clause and signature block for the declarant and a notary public (or other official authorized to administer oaths).
   • Attachment list (e.g., certified death certificate; copies of account statements or title documents).
5. Sign the affidavit before a notary.

   The declarant must sign under oath before a notary public (or other official authorized to take oaths). The notary will notarize the signature and add the notarial certificate. Attach a certified copy of the death certificate.

6. Provide the affidavit to the holder of the property.

   Give the original notarized affidavit and the death certificate to the bank, insurance company, or other holder. Most holders will release funds or property after reviewing the affidavit and attachments. Keep certified copies for records.

7. If a holder refuses, consider filing with court.

   If a financial institution or other holder refuses to honor the affidavit, you may need to file the affidavit or seek other relief in the appropriate Maryland court, or pursue formal administration. A court can issue orders directing turnover of property when disputes arise.

Typical contents: Example layout for the affidavit

• Title: “Affidavit of [Name] Concerning Personal Property of [Decedent’s Name].”
• Introductory paragraph identifying the declarant and the decedent (dates, county of residence, date of death).
• Eligibility statement: attesting that the estate qualifies under Maryland small‑estate rules.
• Itemized list of personal property and holders with values.
• Statement naming the persons entitled to the property and the proposed distribution.
• Clause stating no administration is pending (or identifying any executor/administrator if one exists).
• Signature, date, and notary block.
• Attachments: certified death certificate, copies of account statements, and title documents.

Timing, practical points, and fees

• Obtain certified death certificates early; most holders require one.
• Allow the holder reasonable time to review an affidavit and sign their internal release forms. Banks and companies often have internal policies; ask what additional forms they require.
• There may be small notary fees. If you need a certified copy of a death certificate, the local health department or vital records office charges a fee.

When to consult an attorney

• The estate’s value is close to the statutory threshold or the value of certain assets is uncertain.
• There are disputes among heirs, contested beneficiary designations, or unknown creditors.
• The property includes real estate, complex financial accounts, or business interests.
• A holder refuses to release property despite a complete affidavit.

Helpful Hints

• Start by reading Maryland’s small‑estate laws in the Estates & Trusts code (Title 7) to confirm eligibility: Md. Code, Estates & Trusts, Title 7.
• Use the Maryland Courts small‑estate guidance and sample forms if available: Maryland Courts – Small Estates.
• Keep careful records: copies of the affidavit, attachments, correspondence with holders, and receipts showing distributions to heirs.
• List each bank account or asset separately and include exact account numbers or property identifiers so the holder can find the asset quickly.
• If a bank requests a court order despite a proper affidavit, ask the bank to provide a written explanation of the reason for refusal—this will help an attorney assess next steps.
• When in doubt, a consultation with a probate attorney can avoid mistakes that lead to personal liability for improper distributions.

Final notes

Maryland’s small‑estate affidavit process is designed to be a quicker, lower‑cost way to transfer certain personal property after death. Accuracy and full disclosure in the affidavit matter: giving away property improperly can create liability. When property holders or heirs disagree, or when the estate’s value or complexity grows, consider formal probate or legal help. For statutory text and official guidance, see the links above to the Maryland Code and Maryland Courts.

Remember: this information is educational and not legal advice. Consult a Maryland probate attorney for guidance tailored to your circumstances.