Detailed Answer
In Maryland, you can use a small estate affidavit when a decedent’s personal property does not exceed $50,000 and real property does not exceed $100,000. Maryland Estates & Trusts §7-601 through §7-609 authorizes this simplified transfer. You must gather the following documents before submitting your affidavit to the Register of Wills or the Orphans’ Court in the county where the decedent lived.
1. Certified Death Certificate
Obtain an official, certified copy of the decedent’s death certificate from the Maryland Division of Vital Records or the local health department.
2. Small Estate Affidavit Form
Use the standard affidavit form. You can draft it yourself or obtain a template from the Register of Wills. The affidavit must include:
- The decedent’s full name, date of death, and last residence.
- A detailed schedule of all personal property (bank accounts, vehicles, household goods) with approximate values.
- The total value of the estate, confirming it falls within the statutory limits.
- The name, address, and relationship of the person making the claim (the “affiant”).
3. Asset Documentation
- Recent account statements from banks, credit unions, and brokerage firms showing decedent as account owner.
- Vehicle titles or registration certificates in the decedent’s name.
- Stock certificates or bond documentation.
- Copies of deeds or mortgage statements if you also claim real property (up to $100,000).
4. Proof of Heirship or Relationship
Provide documents showing your entitlement to act on behalf of the estate, such as:
- Marriage certificate (for spouses).
- Birth certificates or adoption records (for children).
- An heirship affidavit from disinterested witnesses, if necessary.
5. Will (If Applicable)
If the decedent left a will, attach a copy. Maryland law allows small estate administration whether or not a will exists, but courts appreciate knowing about any testate disposition.
6. Notarized Signature
Sign the affidavit in front of a Maryland-commissioned notary public. The notary will verify your identity and witness your oath.
Once you have assembled these documents, file the complete packet with the Register of Wills or Orphans’ Court in the decedent’s county. The court clerk will review and, if everything complies with Maryland Estates & Trusts §§7-601–7-609 (§7-601), approve the transfer. You may then present the certified affidavit to each institution holding assets to collect and distribute the property.
Helpful Hints
- Confirm total estate value before starting; courts strictly enforce limits.
- Contact each financial institution to learn their affidavit acceptance procedures.
- Keep copies of all submitted documents for your records.
- Allow extra time for obtaining the death certificate and scheduling a notarization.
- When in doubt, consult a Maryland probate attorney for guidance on complex estates.
Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.