Understanding which assets to list on a Maryland small estate affidavit

Short answer: List all property that was owned solely by the decedent at death and that is subject to collection through the small-estate procedure. Do not list assets that pass outside probate (for example, assets with named beneficiaries or surviving joint owners). If you are unsure about an item’s status, describe it and explain why you think it is excluded rather than leaving fields blank or entering zero without explanation. Always check Maryland’s current small-estate rules before filing: Maryland Courts — Small Estates.

Detailed answer (what to list, what you can leave out, and how to treat unknowns)

Maryland provides a simplified way to collect a decedent’s personal property in smaller estates. The person using the small-estate affidavit (the affiant) must identify property that is collectible under that procedure and present evidence of title or ownership. The key is to determine whether the asset is a probate asset (must be included) or nonprobate (generally omitted and explained).

Assets you generally should list on the affidavit

• Bank and brokerage accounts that were titled solely in the decedent’s name at death and do not have a payable-on-death (POD) or transfer-on-death (TOD) designation.
• Personal property (furniture, jewelry, electronics, household goods) owned only by the decedent.
• Vehicles titled only in the decedent’s name (unless the title includes a surviving owner).
• Unpaid wages, small business receivables, or personal loans owed to the decedent (if collectible).
• Insurance proceeds or benefits that are payable to the estate (if the policy names the estate or lacks a designated beneficiary).
• Tax refunds made payable to the decedent/the estate.

Assets you generally do not list (but explain on the affidavit or an attachment)

• Accounts with valid beneficiary designations (POD, TOD, or beneficiary named on a retirement account or life insurance) — these pass directly to the beneficiary and are not probate assets.
• Property held in joint tenancy or with a right of survivorship — the surviving joint owner(s) typically succeed to title outside probate.
• Retirement accounts, IRAs, 401(k) accounts, and life insurance paying a named beneficiary — these generally bypass probate unless payable to the estate.
• Trust property held in a living trust — not part of probate if properly funded into the trust.
• Real property (real estate) — many small-estate procedures only cover personal property; real property often requires a different procedure or full administration.

How to treat unknowns, zero values, and blank fields

• If you don’t know whether an asset exists or its value, describe what you do know and write “unknown” or give a reasonable estimate rather than putting a bare zero. An unexplained zero can look like an intentional omission.
• Use a notation such as “none,” “N/A,” or “not applicable” for categories that truly do not apply (for example, if there was no real property, write “none” instead of leaving the line blank).
• If an account has $0 at death, indicate that and, if possible, attach a recent statement showing the zero balance.
• If an asset is excluded because it has a named beneficiary or joint owner, list the asset and then state the reason for exclusion (e.g., “Account #123456 — Bank of X — POD to Jane Doe — passes outside probate, not collectible by affidavit”).
• Do not intentionally omit known assets. Providing false information on an affidavit can create personal liability for the affiant and may expose you to penalties.

Practical steps to decide what to list

1. Collect documents: bank statements, account titles, deeds, vehicle titles, insurance policies, retirement account statements, and any outstanding bills or notices.
2. Check titles and beneficiary designations. Look for POD/TOD language, named beneficiaries, or joint tenancy language on deeds and titles.
3. List every item that appears on your document review as solely owned by the decedent. For items you believe are excluded, list them and state the reason for exclusion.
4. Calculate the total value of the probate personal property you list. Confirm that the estate meets the Maryland small-estate eligibility rules by checking the Maryland Courts guidance before filing: https://www.mdcourts.gov/legalhelp/estate/smallestate.
5. Attach supporting documents (statements, copies of titles, or beneficiary pages) when possible.

Consequences of leaving lines blank or entering zero without explanation

Blank lines or unexplained zeroes may cause the bank or other entity to refuse payment, prompt requests for additional documentation, or create questions that delay collection. Worse, intentionally omitting assets or making false statements can create personal liability for the affiant, including civil claims by heirs or creditors.

Hypothetical example (how to fill typical lines)

Facts: Decedent Jane Doe died owning a checking account in her name with $4,200, a 2010 car titled to her alone (market value $3,500), household goods (estimate $2,000), and a $1,000 life insurance policy naming her adult child as beneficiary. She also had a savings account with POD to “John Doe.”

How to list on the affidavit:

• Checking account — Bank A — Account #1111 — Sole owner: Jane Doe — Balance at death: $4,200 — (attach statement).
• Vehicle — 2010 Toyota — Title in Jane Doe’s name only — Estimated value: $3,500 — (attach copy of title).
• Household goods — furniture, appliances — Estimate: $2,000.
• Life insurance — Policy #2222 — Payable to named beneficiary (John Doe) — Not estate property; excluded because beneficiary designation directs payment outside probate.
• Savings account — Bank B — Account #3333 — POD to John Doe — Excluded (passes by POD; attach copy of account card showing POD).

When you should consult an attorney or the register of wills

• If you find real estate in the decedent’s name — don’t assume it can be handled by the small-affidavit route.
• If assets are in multiple states or if you suspect unknown creditors or complex ownership (e.g., business interests, multiple beneficiaries).
• If the estate’s ownership or beneficiary designations are disputed by heirs or institutions.
• If you are uncertain whether the estate qualifies for Maryland’s small-estate procedure — check the Maryland Courts guidance or ask a probate clerk.

Helpful Hints

• Be thorough: gather and review at least three months of recent bank/financial statements before filling the affidavit.
• Label excluded items clearly: write the reason they are excluded (POD, beneficiary, joint tenancy, trust). Institutions often require proof of the exclusion (e.g., a copy of the beneficiary designation).
• Estimate conservatively and document your basis for values (statements, photographs, appraisals). If an amount is unknown, state so and note any steps taken to determine the value.
• Attach supporting documents whenever possible — institutions rely on documents as much as on the affidavit itself.
• Keep copies of everything you file and send; get receipts or written acknowledgments from banks or other payors.
• When in doubt, ask the bank or payor before submitting the affidavit — many institutions will tell you what proof they require to release funds.

Where to check Maryland-specific rules and forms

Maryland Courts maintain guidance on small estates and what forms or procedures to follow. Always consult the official resource for up-to-date requirements: Maryland Courts — Small Estates. For additional authoritative legal text or legislative language, consult the Maryland General Assembly website at mgaleg.maryland.gov.

Final notes

Filling a small-estate affidavit accurately helps avoid delays and potential liability. When you are careful to list probate assets, identify excluded items, and attach supporting documentation, institutions are more likely to accept the affidavit and turn over property quickly. If anything is unclear or the estate is complicated, consider contacting the register of wills in the county where the decedent lived or an attorney experienced in Maryland probate to avoid mistakes.

Disclaimer: This article provides general information about Maryland small-estate affidavits and is not legal advice. It does not create an attorney-client relationship. For advice about a specific situation, consult a Maryland-licensed attorney or the appropriate probate office.