Small Estate Check.

Maryland probate code · checked October 2026

Maryland Small Estate: The Limit, the Tracks, and the Form

For money and belongings, Maryland's affidavit limit is $50,000 — applied to the estate after the assets that pass automatically are taken out. Real estate is handled inside Maryland's small-estate administration rather than excluded from it — the petition administers all Maryland property subject to administration, house included. Maryland sets no waiting period for its affidavit.

Run the free Maryland check

The Maryland line, in facts

The affidavit limit today: $50,000, judged by the law in force on the date of death.

The paper: Form RW1103 - Petition for Administration of Small Estate (Register of Wills).

How it moves: filed with the court — a court paper, not an envelope.

The wait: no statutory waiting period.

For a surviving spouse: Cap rises to $100,000 if the surviving spouse is the sole legatee or heir of the decedent (§ 5-601(c)).

The tracks in Maryland

TrackLimitHow it works
Small-estate affidavit$50,000Filed with the court. Form: Form RW1103 - Petition for Administration of Small Estate (Register of Wills).
Small Estate Administration$50,000 (spouse: $100,000)Small Estate Administration (§§ 5-601–5-602) is a court-filed petition with the Register of Wills (Form RW1103): $50,000 or less, or $100,000 when the surviving spouse is the sole legatee or heir. The value is fair market value less debts of record secured by the property, at the date of death.

What catches families in Maryland

Vehicles in Maryland

A vehicle is probate personal property administered by the personal representative appointed in the small estate proceeding; title transfers on the Register of Wills letters.

Debts, and the signer's duty

No solvency precondition in § 5-601/§ 5-602: the petition must state a diligent search was made and list all known property, debts and creditors, including contingent and disputed claims.

Rules checked October 2026 · Sources: Md. Code, Estates & Trusts §§ 5-601, 5-602 to 5-607; Md. Transfer-on-Death Deed Act, 2026 HB 738 / SB 651 (eff. Oct. 1, 2026). This page reads the published law; it is not legal advice, and the court is the final word.

← All 50 state pages · Guides