Maryland Small Estate Affidavit
The Maryland Small Estate Affidavit (also called a “Petition for Administration) is a legal form filed with the Register of Wills that gives those that inherited a recently-passed away family member’s estate to collect their assets without the need to go through probate. The individual filing the form (called the “Petitioner”), must ensure they make all declarations that are demanded of them in the two-page form truthfully. They must also complete a form called Schedule B, which requires the petitioner to list out the debts and expenses of the deceased in order to calculate the total estate value. Both of these forms are included in the free download.
The Office of the Register of Wills provides a number of useful resources that may be helpful for a Petitioner to refer to:
- “Decedent’s Estates” Frequently Asked Questions (FAQ)
- What To Do If You Need To Open An Estate
- Administration of Estates in Maryland (Pamphlet)
The Petitioner must be aware of the fact that transferring an estate has certain tax implications. More information about the tax implication of transferring an estate can be found in the following resources:
- Estate & Inheritance Tax – Filing Information & Forms (Link to Comptroller’s website)
- Maryland Estate Tax (Administrative Release)
- Maryland’s Estate Tax (Pamphlet)
Laws & Required Conditions
- Laws: §§ 5-601 to 5-608
- Maximum Estate Value: Spouses (if the sole legatee or heir of the Decedent): $100,000; Descendants: $50,000
- Required Conditions: The Affidavit must be filed prior to the appointment of a personal representative. It must be filed at the Register of Wills office in the locality of the Decedent’s permanent home or were living at the time of their death. The filing must take place in conjunction with the filing of form “Schedule B: Small Estate – Assets and Debts of the Decedent”.
- The Affidavit must contain the contents stipulated by § 5-201, § 5-202, and § 5-602.
As stated on the website of the Office of the Register of Wills, the following documents will also need to be furnished for the Affidavit to be accepted:
- The Decedent’s Last Will and Testament,
- The Decedent’s Death Certificate,
- The Decedent’s Funeral Contract/Bill,
- Title to Decedent’s automobiles and/or other motor vehicles, and
- The names and addresses of persons interested in the estate (noted in the “List of Interested Persons” form)