MD · Register of Wills (administrative); Orphans' Court (judicial)
Maryland
Personal property
$50,000
statutory cap
No mandatory wait
Standard small-estate cap.
Surviving spouse, sole heir
$100,000
spouse-tier cap
No mandatory wait
When surviving spouse is sole heir/legatee, under § 5-601(b).
Who is eligible to file
Maryland separates the spouse-as-sole-heir path from the standard path, with different caps:
- Surviving spouse, when sole heir / legatee — files at the spouse-tier cap
- Adult children, equally if more than one
- Parents of the decedent, if no spouse or descendants
- The named personal representative under the will, if one exists
- An heir at law under Maryland's intestate-succession statute
What counts toward the threshold
The threshold counts only assets that pass through probate. The following do not count against the cap:
Joint tenancy property
Passes by right of survivorship.
Community property w/ ROS
Vests in surviving spouse.
Beneficiary-designated
Life insurance, IRAs, 401(k)s.
TOD / POD accounts
Bank, brokerage, vehicle titles.
Living trust assets
Distributed by the trust, not the will.
Wages owed to surviving spouse
Often a separate path.
State note: Standard small-estate cap.
Real property
The small-estate-affidavit pathway in this state excludes real property. Real-property transfers require a different procedure (often regular probate).
Where to file
File with the Register of Wills (administrative); Orphans' Court (judicial) in the county where the decedent resided at death.
We do not maintain a county-by-county directory. The Maryland judicial system operates an authoritative court locator.
Open the official Maryland court locator →Form & statute
Form
- Petition for Administration of Small Estate (RW 1101 series)
Statute