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Md. Code, Est. & Trusts § 5-601 · checked 2026-10-20
Maryland small estate affidavit limit
In Maryland the small estate administration is available when the fair market value of the decedent's Maryland property, less debts of record secured by that property is $50,000 or less ($100,000 for a surviving spouse who takes everything); the statute sets no waiting period. It works through a short court proceeding started by petition.
- 1Dollar limit $50,000
- 2Waiting period None stated
- 3Filed with Court
- 4Statute Md. Code, Est. & Trusts § 5-601
What Md. Code, Est. & Trusts § 5-601 says
The operative words of the statute, as read on 2026-10-20:
“$50,000 or less as of the date of the death of the decedent”
That test is applied to the fair market value of the decedent's Maryland property, less debts of record secured by that property. The limit is $100,000 when the surviving spouse is the sole legatee or heir.
Source: Md. Code, Est. & Trusts § 5-601. Last checked 2026-10-20.
Worked examples against the $50,000 limit
| Estate value | Result under Md. Code, Est. & Trusts § 5-601 |
|---|---|
| $30,000 | Within the limit |
| $50,000 | Within the limit |
| $51,000 | Over the limit by $1,000: the small-estate route is closed |
Values are the estate as the statute measures it — fair market value of the decedent's Maryland property, less debts of record secured by that property — not everything the person owned. Maryland's figure is $12,500 below the $62,500 median of the 48 jurisdictions with a dollar limit on this site, ranking 25th from the top, level with Alaska, Delaware, Iowa, Michigan.
When the route opens
Md. Code, Est. & Trusts § 5-601 does not write a waiting period into the procedure, so timing depends on the court's own processing after the papers are filed. 31 of the 51 jurisdictions here do set one, most often around 30 days.
If the estate goes through full probate instead, creditors have 6 months counted from the decedent's death (Md. Code, Est. & Trusts § 8-103(a)). The Maryland probate timeline works those dates through.
Filing and fees
This route is still a court proceeding, but a shorter one than full administration: a petition, notice to interested persons, and an order. Opening full administration for an estate of $51,000 would cost $100 under Md. Code, Est. & Trusts § 2-206(b)(2) — see probate court fees in Maryland.
The free route is the probate court itself: the clerk or register in the county where the person lived can say which form the court uses for the small estate administration and what it charges. This site does not supply forms or refer anyone to a lawyer.
Nearby South Atlantic jurisdictions
Delaware: $50,000 after 30 days; District of Columbia: $80,000; Florida: $150,000; Georgia: no dollar cap; North Carolina: $20,000 after 30 days; South Carolina: $45,000 after 30 days; Virginia: $75,000 after 60 days; West Virginia: $50,000.
Related: small estate limits compared · assets that skip probate · all 51 jurisdictions.
General information from the statute as written on 2026-10-20; not legal advice. Statutes change, courts add local rules, and the facts of an estate decide which route applies. Confirm with the Maryland probate court or its self-help center before filing.