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dkennedy, Lawyer (JD)
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Experience:  Juris Doctorate Degree
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Maryland Law, what is the max dollar amount of a small ...

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Maryland Law, what is the max dollar amount of a small estate in the state of Maryland.
Submitted: 9 years ago.
Category: Legal
Expert:  dkennedy replied 9 years ago.


A small estate is one in which assets subject to administration valued at $30,000 or less ($50,000 if the spouse is the sole legatee or heir)

(FOR PERSONS DYING ON OR AFTER JANUARY 1, 1998 ONLY, Small Estate value is determined by the fair market value of property less debts of record secured by the property, as of the date of death, to the extent that insurance benefits are not payable to the lien holder or secured party for secured debt.)

  1. Petition for Probate with Schedule B attached (Required appraisals must be submitted. The value of each item shall be fairly appraised as of the date of death. The Personal Representative may appraise corporate stocks listed on a national or regional exchange or over-the-counter securities, debts owed to the decedent, bank accounts, building or savings and loan association shares, and money. All other assets must be appraised by qualified disinterested appraisers. For persons dying on or after January 1, 1998, an alternate procedure is available for valuing real estate.)
  2. List of Interested Persons listing the names and addresses of those named in the Will, if any, and those who would inherit if there were no Will. (See "How Will My Property Be Distributed If I Die Without A Will?" )
  3. Consent to Appointment of Personal Representative (Only applicable if the person named in the Will, if any, or the person entitled to appointment, is not applying.)
  4. Appointment of Resident Agent if petitioner is not a Maryland resident
  5. Proof of Execution of Will if Will lacks an attestation clause
  6. Information Report listing trusts, jointly held property, retirement and P.O.D. accounts, gifts made within two years of death, and other non-probate property
  7. Notice of Appointment ~ Notice to Creditors designating an approved newspaper for publication may be required for certain small estates. (Leave dates blank except date of death.)
  8. Bond (Required in certain small estates.)
  9. Paid funeral bill
  10. Copy of death certificate (available from Division of Vital Records)
  11. Commissions are not available under a Small Estate administration.
  12. Petition for Probate with Schedule C attached A request for a Limited Order to locate the Assets or locate the Will requires the name, address and a statement as to why the limited order is necessary. The limited order will either allow the search for assets titled in the name of the decedent or the entrance of the safe deposit box in the presence of the Register of Wills or authorized deputy to locate the Will for delivery to the office.

Fees will be assessed according to the following schedule. If more than four Letters of Administration are required, an additional fee of $1.00 each will be charged. The estate shall pay the expense of mailing the Notice of Appointment. Fees shall be assessed on the value of the small estate at the following rates:

Estate is at least:

But less than:

The Fee is:



$ 2



1% of the value of the small estate



$ 50



$ 100

20,00050,000$ 150

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