Title 5. Opening the Estate — Subtitle 6. Small Estates
Statutes in effect as of October 1, 2026.
Md. Code Ann., Est. & Trusts § 5-601 (2026)
Title 5. Opening the Estate
Subtitle 6. Small Estates
§ 5–601LinkCopy Citation
(a)
If the property of the decedent subject to administration in Maryland is established to have a value of $50,000 or less as of the date of the death of the decedent, the estate may be administered in accordance with the provisions of §§ 5–602 through 5–607 of this subtitle.
(b)
If, before the filing of an initial account in administration proceedings instituted under Subtitle 3 or Subtitle 4 of this title, the property of the decedent subject to administration in Maryland is established to have a value of $50,000 or less as of the date of the death of the decedent, the estate thereafter may be administered in accordance with the provisions of §§ 5–602 through 5–607 of this subtitle.
(c)
If the surviving spouse is the sole legatee or heir of the decedent and if before the filing of an initial account in administration proceedings instituted under Subtitle 3 or Subtitle 4 of this title, the property of the decedent subject to administration in Maryland is established to have a value of $100,000 or less as of the date of the death of the decedent, the estate thereafter may be administered in accordance with the provisions of §§ 5–602 through 5–607 of this subtitle.
(d)
For the purpose of this subtitle, 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 the secured debt.
Md. Code Ann., Est. & Trusts § 5-602 (2026)
Title 5. Opening the Estate
Subtitle 6. Small Estates
§ 5–602LinkCopy Citation
A petition for administration of a small estate may be filed by any person entitled to administration pursuant to § 5–104 of this title and shall contain, in addition to the information required by §§ 5–201 and 5–202 of this title:
(1)
A statement that the petitioner has made a diligent search to discover all property and debts of the decedent;
(2)
A list of the known property and its value;
(3)
A list of the known creditors of the decedent, with the amount of each claim, including contingent and disputed claims; and
(4)
A statement of any legal proceedings pending in which the decedent was a party.
Md. Code Ann., Est. & Trusts § 5-603 (2026)
Title 5. Opening the Estate
Subtitle 6. Small Estates
§ 5–603LinkCopy Citation
(a)
If the register finds that the petition and additional information filed in the proceeding is accurate, the register shall:
(1)
Direct that the petitioner serve as personal representative of the small estate and issue additional letters of administration as needed;
(2)
Direct the immediate payment of the allowable funeral expenses as provided in § 8–106 of this article and the family allowances provided in § 3–201 of this article;
(3)
Direct sale of property as may be necessary to satisfy expenses and allowances; and
(4)
If it appears that there will be property remaining after the payments, expenses and allowances, admit a will to probate and direct that notice be given in accordance with subsection (b) of this section.
(b)
(1)
If the register directs a proceeding in accordance with subsection (a)(4) of this section, unless notice of the appointment of a personal representative appointed under Subtitle 3 or Subtitle 4 of this title has been published one or more times, notice shall be given once in the form required by § 7–103 of this article, but the period within which objection must be made to the action is 30 days from the date of publication of notice and the period within which claims must be filed is the earlier of the following dates:
(i)
6 months after the date of the decedent’s death; or
(ii)
30 days after the personal representative mails or otherwise delivers to the creditor a copy of a notice in the form required by § 7–103 of this article or other written notice, notifying the creditor that the creditor’s claim will be barred unless the creditor presents the claim within 30 days from the mailing or other delivery of the notice.
(2)
In delivering a copy of a notice to the creditor under paragraph (1)(ii) of this subsection, the personal representative shall comply with the provisions of § 7–103.1 of this article.
(3)
If the register directs a proceeding in accordance with subsection (a)(4) of this section and if notice of the appointment of a personal representative appointed under Subtitle 3 or Subtitle 4 of this title has been published one or more times, the notice provisions of § 7–103 of this article and the time limits specified therein shall apply.
Md. Code Ann., Est. & Trusts § 5-604 (2026)
Title 5. Opening the Estate
Subtitle 6. Small Estates
§ 5–604LinkCopy Citation
(a)
(1)
Unless bond is expressly excused by the will or by the written waiver of all interested persons, a person appointed as a personal representative in accordance with § 5–603(a)(1) of this subtitle shall be required to give bond if the estate is established to have a gross value of $10,000 or more after the payment of expenses and allowances under § 5–603(a)(2) of this subtitle.
(2)
If the estate is established to have a gross value of less than $10,000 after the payment of expenses and allowances under § 5–603(a)(2) of this subtitle, a person appointed as a personal representative in accordance with § 5–603(a)(1) of this subtitle may not be required to give bond.
(3)
A personal representative under this subtitle is not entitled to receive commissions for the performance of the duties of a personal representative.
(b)
(1)
After the expiration of 60 days following publication of the notice required by § 5–603(b) of this subtitle, the personal representative shall file proof of publication of the notice and a list of all claims, including contingent and disputed claims, and the amount of each filed since the original petition.
(2)
The court shall hear objections filed pursuant to the notice and, if satisfied that all action taken pursuant to this subtitle is proper, shall direct the petitioner to pay all proper claims, expenses, and family allowance and to distribute the net estate in accordance with the will or, if the decedent died intestate, in accordance with Title 3, Subtitle 1 of this article.
(c)
The personal representative does not incur any personal liability by payment of claims or distribution of assets in accordance with this subtitle if, at the time of payment or distribution, the representative has no actual knowledge of a valid unbarred claim that has not been filed with the register.
Md. Code Ann., Est. & Trusts § 5-605 (2026)
Title 5. Opening the Estate
Subtitle 6. Small Estates
§ 5–605LinkCopy Citation
(a)
Property of the decedent discovered after the filing of the petition shall be reported immediately by supplemental petition.
(b)
If no administration was had in accordance with § 5–603(a)(4) of this subtitle because of the failure to include after–discovered property in the original petition, the register shall direct appropriate proceedings.
(c)
If after–discovered property increases the gross value of all property of the decedent subject to administration in Maryland to more than $50,000, or more than $100,000 if all property of the decedent subject to administration in Maryland is transferred to the spouse of the decedent, then any further proceeding may not be had under this subtitle, but the administration shall proceed under the other provisions of the estates of decedents law.
Md. Code Ann., Est. & Trusts § 5-606 (2026)
Title 5. Opening the Estate
Subtitle 6. Small Estates
§ 5–606LinkCopy Citation
(a)
Except as provided in subsections (b) and (c) of this section, for all services listed in § 2–206(b)(1) of this article that a register performs in connection with a small estate, the register shall receive the fees under § 2–206(b)(2) of this article.
(b)
For each additional certificate of letters over 4 furnished in connection with a small estate, the register shall receive the additional fee under § 2–206(c) of this article.
(c)
The register may not receive fees in connection with a small estate in which:
(1)
The surviving spouse is the sole legatee or heir and has qualified for administration under this subtitle in accordance with § 5–601(c) of this subtitle; and
(2)
The property of the decedent subject to administration in Maryland is established to have a value of $100,000 or less as of the date of death of the decedent.
Md. Code Ann., Est. & Trusts § 5-607 (2026)
Title 5. Opening the Estate
Subtitle 6. Small Estates
§ 5–607LinkCopy Citation
Except to the extent inconsistent with the letter and the spirit of this subtitle, all other provisions of the estates of decedents law shall be applicable to a small estate.
Md. Code Ann., Est. & Trusts § 5-608 (2026)
Title 5. Opening the Estate
Subtitle 6. Small Estates
§ 5–608LinkCopy Citation
(a)
If the only property owned by a decedent is not more than two motor vehicles and the decedent’s surviving spouse is the decedent’s only heir or legatee:
(1)
Administration of an estate of the decedent is not required; and
(2)
The Motor Vehicle Administration may transfer title to a motor vehicle owned by the decedent to the surviving spouse if:
(i)
The surviving spouse certifies to the Motor Vehicle Administration that all debts and taxes owed by the decedent have been paid; and
(ii)
The Motor Vehicle Administration receives a copy of the decedent’s death certificate and suitable proof of the existence of the marriage.
(b)
If the only property owned by a decedent is a boat or vessel with an appraised value that does not exceed $5,000 and the decedent’s surviving spouse is the decedent’s only heir or legatee:
(1)
Administration of an estate of the decedent is not required; and
(2)
The agency that issued the certificate of title may transfer the certificate of title for the boat or vessel to the surviving spouse of the decedent if:
(i)
The surviving spouse certifies to the agency that all debts and taxes owed by the decedent have been paid;
(ii)
The agency receives satisfactory evidence of the value of the boat or vessel, which may be provided by a statement signed by two individuals stating that:
(1)
They have personal knowledge of the value of boats or vessels of the type that is in the estate; and
(2)
The value of the boat or vessel does not exceed $5,000; and
(iii)
The agency receives a copy of the decedent’s death certificate and suitable proof of the existence of the marriage.