Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney in Maryland for guidance on your specific situation.
Detailed Answer
Under Maryland’s Estates and Trusts Article, Subtitle 10 (Small Estates), a person may use an Affidavit for Collection of Personal Property of Small Estate to collect certain assets of a decedent without formal probate. Follow these key steps:
1. Determine Eligibility
- The decedent must have been a Maryland resident or owned personal property here.
- The value of all personal property in Maryland must not exceed $50,000 (see MD Code, Est & Trusts § 3-1001; for current limits, visit https://law.justia.com/codes/maryland/2020/estate-and-trusts/title-3/subtitle-10/).
- No administration (formal probate) may be pending or granted for the estate.
- At least 30 days must have passed since the decedent’s death, but not more than two years.
2. Draft the Affidavit
Your affidavit should include:
- Decedent’s full name, date of death, and last residence.
- Your name and relationship to the decedent (e.g., heir or legatee).
- A statement that no probate administration is pending in any court.
- A complete description and estimated value of each item of personal property you intend to collect.
- An affirmation that the total market value does not exceed the statutory limit.
- A sworn statement that the information is true under penalty of perjury.
3. Attach Supporting Documents
- Certified copy of the decedent’s death certificate.
- Copies of any wills or beneficiary designations, if applicable.
- Proof of your status as an heir (e.g., will or descent chart).
4. Notarize the Affidavit
Sign the affidavit before a Maryland notary public. The notary will attest to your identity and execute a notarial certificate. This certification validates the affidavit for third parties holding the assets.
5. Present the Affidavit to the Holder of the Property
Deliver the original notarized affidavit and supporting documents to each custodian (for example, banks, brokerage firms, insurers). The holder has 30 days to release the property or provide a written refusal. If they refuse, you may seek a court order under § 3-1006.
6. Optional Court Filing
If you prefer court confirmation, file the affidavit in the orphans’ court of the county where the decedent resided. The clerk will docket it, and you may obtain a certified copy for each holder.
Helpful Hints
- Always verify the current statutory limit at the Maryland General Assembly website or official code publisher.
- Include detailed, itemized values to avoid disputes with payors.
- Keep certified copies of all notices and acknowledgements from property holders.
- If uncertain, consult an attorney to confirm eligibility and proper drafting.
- For contested estates or values above the limit, consider full probate instead of the small estate process.