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In Maryland, the Small Estate Affidavit serves as a valuable tool for individuals navigating the probate process when a loved one passes away. This form is designed for estates with a total value of $50,000 or less, simplifying the transfer of assets without the need for formal probate proceedings. By utilizing the Small Estate Affidavit, heirs can claim the deceased's property and settle their affairs more efficiently. The form requires essential information, such as the decedent's details, a list of assets, and the names of the beneficiaries. It also includes a declaration that the estate qualifies as a small estate under Maryland law. This straightforward approach not only reduces the burden on families during a difficult time but also helps expedite the distribution of assets to those who need them most. Understanding the requirements and process associated with the Small Estate Affidavit can ease the emotional and financial strain that often accompanies the loss of a loved one.
Maryland Small Estate Affidavit Preview
Maryland Small Estate Affidavit
This Maryland Small Estate Affidavit is drafted in accordance with the Maryland Estates and Trusts Article, specifically designed for use by individuals seeking to handle small estates in the state of Maryland. It serves as a formal declaration that the estate in question qualifies as a "small estate" under Maryland law and simplifies the process of asset distribution to rightful heirs or legatees.
Instructions: Complete the blanks with accurate information pertaining to the decedent (the deceased person) and their estate. Please review and ensure compliance with all Maryland state requirements before submission to the appropriate Maryland Register of Wills.
State of Maryland
County of __________
I/We, __________[Your Full Name(s)]__________, residing at __________[Your Full Address]__________, solemnly affirm and declare as follows:
1. Decedent Information:
Name of Decedent: __________[Decedent's Full Name]__________
Date of Death: __________[Date of Death]__________
Last known address: __________[Decedent's Last Known Address]__________
2. Qualification:
I/We hereby affirm that the decedent's estate qualifies as a small estate under the current laws of the State of Maryland, specifically having a value of $50,000 or less, or $100,000 or less if the sole heir is the surviving spouse.
3. Heirs:
The following individual(s) are recognized as the rightful heir(s) or legatee(s) of the decedent:
- Name: __________[Heir/Legatee's Name]__________, Relationship: __________[Relationship to Decedent]__________
- Name: __________[Heir/Legatee's Name]__________, Relationship: __________[Relationship to Decedent]__________
- (Add additional lines as necessary)
4. Assets:
The estate consists of the following described property and assets:
- Type and Location of Property: __________[Description]__________, Value: $__________[Value]__________
- Type and Location of Property: __________[Description]__________, Value: $__________[Value]__________
- (Add additional lines as necessary)
5. Liabilities:
The estate has the following outstanding liabilities:
- Creditor: __________[Creditor's Name]__________, Amount Owed: $__________[Amount]__________
- Creditor: __________[Creditor's Name]__________, Amount Owed: $__________[Amount]__________
- (Add additional lines as necessary)
6. Declaration:
I/We declare under penalty of perjury that the information provided herein is true and correct to the best of my/our knowledge, belief, and understanding, and that this affidavit is being submitted to the Register of Wills for the County of __________[County]__________, State of Maryland, in accordance with Maryland law.
Signature(s): ____________________________________
Date: __________[Date]__________
This document must be notarized in accordance with Maryland State law.
Subscribed and sworn to before me this __________[Date]__________ by __________[Your Full Name(s)]__________.
____________________________________
Notary Public
My Commission Expires: __________[Expiration Date]__________
Form Specifications
| Fact Name | Description |
|---|---|
| Purpose | The Maryland Small Estate Affidavit allows individuals to collect assets of a deceased person without going through formal probate. |
| Eligibility | This form is applicable when the total value of the estate is $50,000 or less for an individual, or $100,000 or less for a married couple. |
| Governing Law | The Small Estate Affidavit is governed by Maryland Estates and Trusts Code, specifically § 5-601. |
| Filing Requirement | No court filing is necessary for the Small Estate Affidavit, making it a quicker alternative to probate. |
| Who Can Use It | Heirs or beneficiaries of the deceased can use the Small Estate Affidavit to claim assets. |
| Required Information | The affidavit requires details about the deceased, the assets, and the relationship of the affiant to the deceased. |
| Signature Requirement | The form must be signed by the affiant in the presence of a notary public. |
| Asset Types | Common assets that can be claimed include bank accounts, personal property, and vehicles. |
| Limitations | This affidavit cannot be used for real estate; a different process is required for transferring real property. |
| Use in Other States | Other states may have similar forms, but the rules and limits can vary significantly, so it’s important to check local laws. |
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