Laws
- Days After Death – No statute.
- Filing Fee – MD Est & Trusts Code §§ 2-206, 5-606(b)
- $0 – $200 – $2
- $200 – $5,000 – 1% of the value of the small estate
- $5,000 – $10,000 – $50
- $10,000 – $20,000 – $100
- $20,000 – $50,000 – $150
- Maximum Amount ($) – $50,000.[1] For cases in which the surviving spouse is the sole legatee or heir of the decedent (and if before the filing of an initial account in administration proceedings instituted under Subtitle 3 or 4 of Title 5), the property may be valued up to $100,000.
- Publishing – The small estate must be published in a “newspaper of general circulation in the county” once weekly for three consecutive weeks.[2][3]
- Signing – The affiant must sign, and if they are utilizing the services of an attorney, they may sign as well.
- Statutes – Estates and Trusts, Title 5, Subtitle 6
How to File (3 steps)
1. Complete Documents
Gather and complete the following forms:
- Bond of Personal Representative (RW 1115)
- Copy of Death Certificate – This can be obtained through Maryland’s Division of Vital Records.
- Copy of vehicle title and book value (if the decedent owned a vehicle)
- List of Interested Persons
- Paid Funeral Bill
- Petition for Administration of a Small Estate (RW 1103)
- Property Value Assessment from the State Department of Assessments and Taxation
- Small Estate Notice of Appointment/Notice to Creditors/Notice to Unknown Heirs (RW 1109)
- Small Estate Schedule B (RW 1137)
2. File With the Office of the Register of Wills
File the documents with the Office of the Register of Wills local to the decedent’s residential address at their death.