Small Estate Affidavit in Maryland

Maryland does not use a collect-by-affidavit procedure. Instead it has 'small estate' administration through the Register of Wills: available when the property subject to administration in Maryland is worth $50,000 or less, or $100,000 or less if the surviving spouse is the only heir or legatee. Value is fair market value minus debts secured by the property. Real estate counts toward the limit and may be included. There is no waiting period; the petition can be filed any time after death.

Small estate administration (under $50,000, or $100,000 if the spouse is the sole heir or legatee): the petitioner files a petition listing known property, debts and pending lawsuits; the Register may appoint the petitioner, order payment of funeral expenses and family allowances, and publish a notice if property remains. No bond is required if the estate is under $10,000 after expenses and allowances. Separately, 'modified administration' is available for larger estates when all residuary heirs or legatees are the personal representative, close family members exempt from inheritance tax, or qualifying trusts; the estate is solvent; the election is filed within 3 months of appointment; and a final report is filed within 10 months of appointment.

A claim against the estate is barred unless presented by the earlier of (1) 6 months after the date of death, or (2) 2 months after the personal representative mails or delivers written notice to the creditor stating the claim will be barred unless presented within 2 months.