Maryland probate code · checked October 2026
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.
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)).
| Track | Limit | How it works |
|---|---|---|
| Small-estate affidavit | $50,000 | Filed 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. |
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.
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.