Maryland Small Estate Affidavit | Affidavit of Heirship

In Maryland, survivors of a deceased loved one may choose to file affidavits – either an affidavit of heirship, which covers personal property, or a small estate affidavit, which covers real estate – or go through a streamlined probate procedure in the event that the decedent’s property values less than $50,000. If a surviving spouse files the affidavit in Maryland, the value of the property can go up to $100,000.

Affidavit of Heirship: An affidavit of heirship allows successors to claim the personal property of a deceased loved one, such as bank accounts and vehicles, as long as the value does not exceed $30,000.

Small Estate Affidavit: If a loved one passes away without a will or trust, the family can choose to avoid probate court by filing the small estate affidavit, as long as the estate does not exceed $30,000 in value. If a surviving spouse files the affidavit, then the allowable value goes up to $50,000.



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An affidavit of heirship allows successors to claim the personal property, such as bank accounts and heirlooms, of a decedent. Maryland statutes governing the affidavit of heirship include MD Code Estates & Trusts § 3-101 to 3-112. The personal property of the decedent may not exceed $30,000 in value, or…

Adobe PDF | Microsoft Word (.doc)

Maryland’s small estate affidavit allows successors to claim real estate valued no more than $50,000. If a loved one passes away without a will or trust, the family can choose to avoid probate court by filing the small estate affidavit to claim or sell the decedent’s real estate as they…