Maryland Small Estate Administration

The test and the value method (section 5-601)

Property subject to administration in Maryland established at $50,000 or less as of the date of death is administered under sections 5-602 to 5-607. Conversion into small estate administration is also stated. If, before filing of an initial account in proceedings under Subtitle 3 or 4, the property is established at $50,000 or less as of death, the estate may thereafter be administered under sections 5-602 to 5-607.

The spouse fork uses different words and a different posture. Where the surviving spouse is the sole legatee or heir and, before filing of an initial account under Subtitle 3 or 4, property is established at $100,000 or less as of death, the estate may thereafter be administered under sections 5-602 to 5-607. Do not merge that wording with the conversion-out wording in section 5-605(c), which speaks of all property transferred to the spouse, or with the no-administration wording in section 5-608, which speaks of a spouse who is the only heir or legatee.

Value is fair market value of property less debts of record secured by the property, as of the date of death, to the extent insurance benefits are not payable to the lien holder or secured party for the secured debt. A secured debt covered by insurance payable to the lien holder is not subtracted. The statute's method governs. A Register page gloss that says "gross value" does not change the test stated here. A mortgaged asset's equity, not its full market value, is tested. Only property subject to administration in Maryland counts. Schedule B shows the counted property is property owned individually or as tenant in common. No broader non-probate exclusion list was read in the statute sections opened, and none is stated here.

The petition (section 5-602 and the Register packet)

The petition is filed by any person entitled to administration under section 5-104. It contains, in addition to the information required by sections 5-201 and 5-202: a statement of diligent search to discover all property and debts; a list of known property and its value; a list of known creditors with the amount of each claim, including contingent and disputed claims; and a statement of any pending legal proceedings in which the decedent was a party. Sections 5-201 and 5-202 were not opened, and the priority order in section 5-104 was read with one paragraph unseen, so no petition contents or priority order beyond section 5-602 and the form face are stated here.

The Register packet is the Petition for Administration (RW1103, ROWNET Rev. 10/01/2026) with Schedule B (RW1137, Rev. 01/01/2016), a List of Interested Persons (RW1104, Rev. 07/01/2024), and, where used, a Consent to Appointment (RW1118, Rev. 01/01/2016). Schedule B lists all real and personal property owned individually or as tenant in common, all creditors and claimants including secured, contingent, and disputed claims, funeral expenses, statutory family allowances, and administration expenses claimed. The List of Interested Persons lists heirs and, if testate, the named personal representative and all legatees. It is filed within 20 days after appointment under administrative probate, or at filing of a small estate petition. An Information Report (RW1124) is also filed. It asks joint-ownership questions tied to inheritance tax reporting, even though section 7-203(h) exempts property distributed from an estate that qualifies under section 5-601. That exemption is hooked to qualification and distribution. It is not a general statement that Maryland has no inheritance tax on small estates.

Register action, notice, and claims (section 5-603)

If the Register finds the petition and additional information accurate, the Register shall direct the petitioner to serve as personal representative and issue additional letters of administration as needed, direct immediate payment of allowable funeral expenses and family allowances, and direct sale of property as necessary to satisfy those expenses and allowances. Only if it appears property will remain after those payments does the Register admit a will to probate and direct notice. An estate consumed by funeral expenses and allowances gets no notice step on this text.

Notice is given once, in the form required by section 7-103, unless notice of appointment under Subtitle 3 or 4 has already been published one or more times. The objection period is 30 days from the date of publication. Claims must be filed by the earlier of six months after the date of death, or 30 days after the personal representative mails or otherwise delivers to the creditor a copy of a section 7-103-form notice or other written notice stating the claim will be barred unless presented within 30 days of mailing or delivery. The 30-day figure attaches to direct delivery to a known creditor and to objections. It is never a general "one month to file claims" rule. The form RW1109 states six months after publication for objections to probate of the will. That fork with section 5-603(b)(1) was not reconciled, so this guide states the fork and prints no single figure as the will-objection period.

No waiting period appears anywhere in sections 5-601 to 5-608 as read. The operative clocks are the notice and claims clocks stated above. Do not state a freestanding "no waiting period" beyond that scope.

Bond, distribution, and after-discovered property (sections 5-604 and 5-605)

Bond is required if gross value is $10,000 or more after payment of expenses and allowances under section 5-603(a)(2), unless bond is expressly excused by the will or by written waiver of all interested persons. Under $10,000 after those payments, bond may not be required. The $10,000 test is post-expense gross value, not the section 5-601 qualification value. A personal representative under this subtitle is not entitled to commissions. After expiration of 60 days following publication of the section 5-603(b) notice, the personal representative files proof of publication and a list of all claims, including contingent and disputed claims, filed since the original petition. The court hears objections and, if satisfied, directs payment of proper claims, expenses, and family allowance and distribution of the net estate under the will or, intestate, under Title 3 Subtitle 1. Distribution is court-directed, not personal-representative-discretionary. No personal liability attaches for payment or distribution under the subtitle if, at the time, the personal representative has no actual knowledge of a valid unbarred claim not filed with the Register.

After-discovered property must be reported immediately by supplemental petition. If after-discovered property increases gross value of all property subject to administration in Maryland to more than $50,000, or more than $100,000 if all property is transferred to the spouse, no further proceeding under this subtitle follows. Administration proceeds under the other estates-of-decedents provisions.

Fees, allowances, and the separate no-administration lanes

Fee sentences in this guide rest only on Register pages, because sections 5-606 and 2-206 were not opened in full. The Register Small Estates page states a small estate has no required fee to the Register of Wills. The Register Fees page states no fees are due on small estates even if valued between $50,000 and $100,000 with a spouse as sole heir or legatee. Other charges exist on the same Fees page and are not covered by those sentences: additional Letters of Administration $1.00, claims fee $3.00, copies at $0.50 per page with certification and exemplification charges, and possible advance payment for newspaper publication or bond in some jurisdictions. A flat "small estates cost nothing" sentence would be false. The death certificate fee on the Maryland Department of Health fees page is $10.00, with an additional certificate in the same transaction at $12.00.

Funeral expenses and family allowances are paid immediately under section 5-603(a)(2). The Register Allowances page states a family allowance of $10,000 for a surviving spouse or registered domestic partner and $5,000 for each unmarried child under 18, and a court allowance for funeral expenses capped at $15,000 unless the estate is solvent and a special court order issues. Sections 3-201 and 8-106 were read only via the Register page and republication, so those figures are stated as Register-page figures and must be re-opened on the current statute texts before being treated as statute text.

Section 5-608 sits outside the range cited in sections 5-601(a) to (c) and is a separate no-administration provision, not a step of the small estate proceeding. Its full text was not opened. On republication evidence only, if the only property owned is no more than two motor vehicles and the surviving spouse is the only heir or legatee, administration is not required and the Motor Vehicle Administration may transfer title on form VR-481 if the spouse certifies all debts and taxes are paid and the Motor Vehicle Administration receives a death certificate copy and suitable proof of marriage. If the only property is a boat or vessel appraised at $5,000 or less and the spouse is the only heir or legatee, administration is not required on similar certification and evidence. No sentence about those lanes goes beyond the republication and form evidence banked.

What this guide does not state

No statement is made about Medicaid or Medical Assistance estate recovery, because no primary source was opened. No transfer-on-death vehicle lane is stated. No Small Estate Judicial procedure is stated beyond its existence. No claim-priority order is stated, because sections 8-104 and 8-105 were not opened. No statement is made about 2026 legislation amending section 5-105, because that lead was not opened.

For small-estate procedures in other states, see the Small Estate Affidavits by State directory. For the questions each state's procedure answers, see Small Estate Affidavit Questions.

Source

Sources: Estates and Trusts sections 5-601, 5-602, 5-603, and 5-605 (Maryland General Assembly 2026RS PDFs, read in full 2026-11-01); section 5-604 by search extraction; Tax-General section 7-203(h) (read in full 2026-11-01); Register of Wills Small Estates page, Probate and Other Fees page, and Small Estate Packet 2026 (read in full 2026-11-01); Motor Vehicle Administration deceased-owner page (read in full 2026-11-01); Maryland Department of Health Division of Vital Records fees page (read in full 2026-11-01); section 5-608 and form VR-481 by republication and form extraction only. Facts verified 2026-11-01. Open flags: (1) current sections 5-606 and 2-206 were never opened, so no fee sentence goes beyond the Register pages; (2) section 5-608 full text was never opened; (3) section 5-104 paragraph (9) and sections 5-201 and 5-202 were not opened; (4) sections 7-103 and 7-103.1 were not opened; (5) sections 8-104 and 8-105 were not opened; (6) Medicaid estate recovery was not opened; (7) the 2026 Chapter 537 lead was not opened; (8) the live VR-481 revision was not confirmed; (9) the transfer-on-death lane was not opened at primary level; (10) the Small Estate Judicial procedure was not opened beyond the Register FAQ; (11) section 5-604 and sections 3-201 and 8-106 were read via extraction and republication and must be re-opened on current statute texts.

This page explains how the process works and what the official rules say. It is general information, not legal advice. For a dispute about your specific situation, talk to the Maryland Register of Wills or a lawyer.