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Maryland small estate

Maryland small estate limit

Maryland's small estate limit is $50,000 of probate property in Maryland, or $100,000 when the surviving spouse is the only heir or beneficiary (Md. Code, Est. & Trusts § 5-601).

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What counts in Maryland: Fair market value of the property subject to administration in Maryland at death, less debts of record secured by the property.

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Did the person who died leave a will?
Is there a surviving spouse or registered partner?

Maryland's small estate limit is $50,000 of probate property in Maryland, or $100,000 when the surviving spouse is the only heir or beneficiary (Md. Code, Est. & Trusts § 5-601).

General information, not legal advice. Statutes change, and courts apply them to the facts of each estate. Check with the probate court or a probate attorney before you rely on a figure or a date.

Small estate administration (Md. Code, Est. & Trusts § 5-601)

Limit$50,000; $100,000 when the spouse inherits everything
What countsFair market value of the property subject to administration in Maryland at death, less debts of record secured by the property.
StatuteMd. Code, Est. & Trusts § 5-601

This is a shorter court process through the register of wills, not an affidavit.

Common questions

What is the small estate limit in Maryland?

The limit is $50,000 for the small estate administration (Md. Code, Est. & Trusts § 5-601), or $100,000 when the surviving spouse inherits everything. This is a shorter court process through the register of wills, not an affidavit.

What counts toward the Maryland limit?

Fair market value of the property subject to administration in Maryland at death, less debts of record secured by the property.

Sources

We last checked the statute text against the official publishers in August 2026.