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Updated on March 8th, 2022. A Maryland small estate affidavit is used to bypass the standard probate process and expedite the distribution of one's assets after death.
After that, an administration account must be filed every six months until the estate is closed. Generally, unless there is litigation involved or real estate needs to be sold, most estates are able to be wrapped up within nine to eighteen months of the decedent's death.
Code of MD, Estates and Trusts § 5-601, the main factor to consider is the value of the estate. If the estate contains property values of $50,000 or less at the date of death of the decedent, the estate will always qualify for small estate status. The second factor is the identity of the decedent's heirs.
To decide whether to file as a regular or small estate, you need to find the ?net value? of the property. To do this, subtract the amount secured debts from the value of assets. If net value is more than $50,000, the estate is a ?regular estate.? If net value is $50,000 or less, the estate is a ?small estate.?
Small Estate - property of the decedent subject to administration in Maryland is established to have a value of $50,000 or less ($100,000 or less if the spouse is the sole heir).
Small Estate - property of the decedent subject to administration in Maryland is established to have a value of $50,000 or less ($100,000 or less if the spouse is the sole heir).
A probate attorney can help you determine if the estate needs to go through the probate process. Regular Estate - property of the decedent subject to administration in Maryland is es- tablished to have a value in excess of $50,000 (in excess of $100,000 if spouse is sole heir).