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Maryland Small Estate Affidavit | Form RW1103

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The Maryland small estate affidavit, or ‘petition for administration of small estate’, is used in cases where the person who as died, or the decedent, has less than $50,000 in assets to his or her name at death (or if the spouse is still alive and the sole heir, $100,000 or less). It provides an opportunity for a more efficient and quicker probate process for smaller estates. In order to qualify, the person filing the document must be the spouse or descendant of the decedent. The document will need to be filed with Schedule B which is where you set forth the assets of the decedent and demonstrate that the total value is $50,000 or less.

Maximum (§ 5–601) – $50,000 for descendants and $100,000 if the surviving spouse is making the claim.

LawsTitle 5, Subtitle 6 (Small Estates)

The Small Estate Affidavit must also be filed with Form 1137 (Schedule B) and the decedent’s last known Last Will and Testament (if any).

How to Write

Step 1 – Write in the name of the county and the decedent’s name at the top.

Step 2  Make sure that the small estate petition for administration box is checked.

Step 3 Write in the name(s) and address(es) of the the person(s) filing the petition.

Step 4  Read through the first section to make sure you are qualified to sign the petition.

Step 5 – Fill in Section 2 and 3 as directed regarding decedent.

Step 6 – Write in why you would be considered to have priority as a personal representative.

Step 7 – Check the box that is applicable to your circumstance.

Step 8 – In Section 9, check the box relating to the status of the will if any.

Step 9 – In Section 10, write in any known proceedings regarding the decedent’s estate.

Step 10 – In Section 11, check the box applicable to your situation.

Step 11  Sign the document in the space indicated.

Step 12 – Fill out Schedule B and file it with the Register of Wills representing the area in the place decedent last resided.


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