Maryland Small Estate Affidavit (Petition) Packet

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 see fit. This affidavit is governed under the Maryland statutes Md. Est. & Trusts Code §§ 5-601–5-607.

How to Write

Step 1 – Download in Adobe PDF or Microsoft Word (.doc).

Step 2 – Enter the following into the form:

  • Header – Enter Superior Court (See List)
  • Name of Decedent
  • Date of Birth
  • Case Number
  • Check the three (3) boxes depending on your situation
  • Date and Sign
  • Verification – On the last page you will be required to verify that everything you have stated is true and accurate

Step 3 – Obtain a notarized copy of the death certificate, and file the form with the proper clerk or courthouse.