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MD · Register of Wills (administrative); Orphans' Court (judicial)

Maryland

Small-estate-affidavit threshold and procedure under § Md. Est. & Trusts § 5-601.

Verified 2026-05-04
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).

01

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
02

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
Excluded — personal property only

The small-estate-affidavit pathway in this state excludes real property. Real-property transfers require a different procedure (often regular probate).

03

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 →
04

Form & statute

Form
Statute