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Small estates in Maryland (2026)

Maryland has no small-estate affidavit. Small estates use Administration of a small estate (Register of Wills) (estates up to $50,000). Last checked .

Maryland at a glance

Affidavit cap
No affidavit
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Administration of a small estate (Register of Wills) (up to $50,000)

Can you use it?

Enter the date of death and the value. Nothing you type leaves your browser.

Not with the affidavit

  • Maryland has no small-estate affidavit. Small estates use Administration of a small estate (Register of Wills) (up to $50,000) — see the Maryland page.

This is a first check, not legal advice. The cap counts only probate property (the state page says what that includes); debts, a pending probate case or an heir's dispute can change the answer. If you are unsure, ask the court's self-help center or a legal aid office.

The rules in Maryland

  • The affidavit. Maryland has no general small-estate affidavit for collecting property without the Register of Wills. Small estates are opened administratively with the Register of Wills (small estate administration). The one exception is a surviving spouse who is the only heir and whose only property is up to two vehicles; that spouse can title them at the MVA.
  • Conditions. Not applicable (no affidavit).
  • Who can sign. Small estate petition: any person entitled to administration under Est. & Trusts §5-104 (priority list).
  • Court filing. The petition for administration of a small estate is filed with the Register of Wills in the county where the decedent lived. The register appoints the petitioner as personal representative.
  • Fee. No probate fee for estates under $50,000 (Est. & Trusts §2-206), and the Register's site says small estates opened on or after 2022-10-01 have no required Register fee. No fee when the spouse is the sole heir and the estate is $100,000 or less (§5-606(c)).

Houses, land and vehicles

  • Real estate. There is no affidavit for land. Real property in the decedent's sole name is reported and passes through small estate administration (if within the cap) or regular administration with the Register of Wills.
  • Vehicles. If the decedent owned no more than two vehicles and nothing else, and the surviving spouse is the only heir, no estate is needed. The spouse certifies to the MVA that debts and taxes are paid (MVA form VR-481) and gives the death certificate and proof of marriage. Otherwise the MVA needs letters from the Register of Wills.

When the affidavit isn't enough

Used when property subject to administration in Maryland is $50,000 or less at death, or $100,000 or less if the surviving spouse is the sole heir or legatee. Value is fair market value less debts secured by the property. The register appoints a personal representative and directs payment of funeral costs and family allowances. If property remains, notice is published and claims are handled before distribution. Usually handled by the register without a judge.

Good to know in Maryland

  • Spouse cap: $100,000 when the surviving spouse is the sole heir or legatee (§5-601(c)).
  • The Register of Wills site describes the test as 'gross value'. The statute (§5-601(d)) defines value as fair market value less secured debts of record.
  • Older caps for deaths before 2012-10-01 ($30,000/$50,000 spouse) are listed on the Register's small estates page.
  • If property found later pushes the estate over the cap, the estate must switch to regular administration (§5-605).
  • A small-estate personal representative gets no commissions, and must give bond if the estate's gross value after expenses and family allowances is $10,000 or more, unless the will or a written waiver of all interested persons excuses it (§5-604(a)).

Official help and forms

Sources

Legal information, not legal advice. Caps and forms change — confirm with the court or the statute before you sign. How we check: methodology.

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