A Probate Estate may be be opened as a small estate where the assets subject to administration are valued at $30,000 or less ($50,000 if the spouse is the sole legatee or heir)

How is an Estate's Value Determined?

A 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.)

What is the Procedure to Open a Small Estate?

The Executor must file each of the following documents:

1. A 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. 
   
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,must be filed.
   
5. Proof of Execution of Will is required when the Will lacks an attestation clause
6. An 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 is required at the time of filing.
   
7. Notice of Appointment ~ A Notice to Creditors designating an approved newspaper for publication may be required for certain small estates.
   
8. Bond (Required in certain small estates.)
9. Paid funeral bill
10. Copy of death certificate (Maryland Certificates are available from the Maryland Division of Vital Records) You can also order a copy on-line from VitalCheck at an additional fee.
    

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1. Important Information: Commissions are not available under a Small Estate administration.
2. 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: