Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a licensed attorney in Maryland for guidance tailored to your situation.
Detailed Answer
An heirship affidavit (often called a “small estate affidavit”) lets qualifying relatives collect a decedent’s personal property without full probate. In Maryland, Estates & Trusts Article § 7-402 authorizes transfer of assets under certain value limits. Follow these steps carefully.
1. Confirm Eligibility
- Decedent must have died domiciled in Maryland.
- Total personal property value (excluding real estate) cannot exceed $50,000 (E&T § 7-401).
- No formal probate or administration ongoing for that estate.
2. Draft the Affidavit
Include the following elements in your document:
- Decedent’s full name, date and place of death, and last address.
- Statement of relationship: list each heir, their relationship, and contact details.
- Value statement: certify that personal property does not exceed $50,000.
- Declaration of no known creditor claims or pending administration.
- Oath language ending with a jurat for the notary public.
3. Gather Supporting Documents
- Certified copy of the death certificate.
- Copies of proof of heir status (birth certificates, marriage certificates).
4. Execute and Notarize
All affiants (heirs) must sign under oath before a Maryland notary public. The notary will include the date, seal, and signature.
5. File or Present the Affidavit
- File the original with the Register of Wills in the county where the decedent resided (E&T § 7-403).
- Provide certified copies to banks, brokers, or other institutions holding the assets.
Helpful Hints
- Double-check the $50,000 threshold; include only personal property, not real estate.
- Use the Maryland Register of Wills website to confirm local filing fees and requirements.
- Maintain a copy of every filed document and certified mailing receipts.
- Consider obtaining legal review if the estate has unusual assets or potential creditor claims.
- Act promptly: some institutions impose deadlines for presenting small estate affidavits.