Do Small Estates Have to Go Through Probate in Maryland?

 Posted on July 11, 2025 in Probate

Probate, the court-supervised legal process that handles the administration of an estate, can be lengthy and costly. For the surviving relatives and heirs, it can take months or even years for everyone to receive their inheritance. However, the process is often shorter and simplified for small estates. But what is considered a small estate? A knowledgeable Silver Spring, MD estate planning attorney can help you understand the process of qualifying as a small estate and how it affects the probate process.

What Qualifies as a Small Estate in Maryland?

Losing a loved one is hard enough without worrying about complicated legal paperwork. Maryland offers a simpler option for handling certain estates through the "small estate" process. Under the Annotated Code of Maryland, Estates and Trusts, § 5-602, an estate is considered "small" if everything the person owned totals $50,000 or less. If a surviving spouse is the only heir, the limit is higher at $100,000. The benefit is that the small estate procedure is faster and less formal. It is designed to help families settle affairs without lengthy court filings and waiting. 

What Evidence Is Needed for a Small Estate Petition in Maryland?

Even though the small estate process is faster, Maryland law still requires certain documents and evidence to ensure everything is handled fairly and honestly. If you are the petitioner asking for the court to open a small estate, you will need to gather some important details about your loved one’s property and debts.

Examples of evidence you may need include:

• A statement confirming that you have tried to find all the person’s property

• A list of everything they owned and how much each item or account is worth

• A list of any known debts, including who is owed money and how much

• Information about any legal cases that were pending when they passed away

Registering a small estate can help protect everything involved, including creditors and heirs. Being thorough and honest in gathering the information helps prevent delays or legal issues down the line, and hiring a legal representative ensures you follow the laws to the letter.

What Does Probate Look Like for a Small Estate in Maryland?

The small estate probate process is designed to be as smooth as possible. First, you file a petition with the Register of Wills in the county where the estate owner lived. You will include all the documents required to prove the estate qualifies as small. After reviewing all the documents, a personal representative will be appointed to take charge of the estate. That person is responsible for gathering the assets, paying any debts or taxes, and distributing what is left to the heirs or beneficiaries.

After debts are settled and property is passed along, the personal representative files a final report. The report will detail how the estate was administered. Upon approval, the estate is officially closed. This streamlined approach helps families settle small estates while ensuring proper legal oversight.

Speak With a Silver Spring, MD Probate Attorney Today

Handling a loved one’s estate can feel overwhelming, even with a more straightforward probate process. The Rockville, MD estate planning lawyer at The Eleff Law Group can help you determine whether the estate qualifies as small. Having a trusted legal representative on your side means you can take the necessary steps with clarity and care. Contact us today at 301-857-1990 to schedule a free consultation and start the probate process with efficiency.