Author: Sarah J. Bennett, J.D. – With over 12 years drafting probate and estate documents for Maryland families and fiduciaries, I’ve helped hundreds of executors and personal representatives navigate the Register of Wills offices across the state. In this comprehensive guide, I’ll walk you through exactly how to open an estate in Maryland, when you can use the Maryland small estate affidavit instead of full probate, and where to get the correct Maryland executor of estate forms. At the end you’ll find my updated-for-2025 free downloadable Small Estate Affidavit template that I personally use with clients.
Important Disclaimer: This article is for informational purposes only and does not constitute legal advice. Estate laws change frequently, and your situation may have unique factors. Always consult a Maryland-licensed estate attorney or contact your local Register of Wills before filing.
Understanding Maryland Probate: Regular Estate vs. Small Estate
Maryland offers two primary paths after someone passes away:
- Regular (Administrative or Judicial) Probate – Required when the decedent owned real estate in their sole name or total personal property exceeds $50,000 (or $100,000 if everything passes to a surviving spouse/domestic partner).
- Modified Administration / Small Estate – Available when the estate is $50,000 or less ($100,000 spousal limit) and contains no real property titled solely in the decedent’s name. This is where the Maryland small estate affidavit (officially Form RW1108) comes in.
Source: Maryland Register of Wills – registers.maryland.gov and Estates & Trusts Article § 5-601 et seq.
When Can You Use the Maryland Small Estate Affidavit?
As of 2025, you may file the small estate affidavit if all of these are true (Md. Code, Est. & Trusts § 5-601):
| Condition | Limit |
|---|
| No real property owned solely by decedent | Required |
| Total personal property value | ≤ $50,000 (or ≤ $100,000 if surviving spouse is sole heir) |
| 30 days have passed since death | Required |
| No petition for full probate already filed | Required |
If any condition is not met, you must open a regular estate.
How to Open a Regular Estate in Maryland (Step-by-Step)
Here’s the exact process I follow with clients who need full probate:
- Locate the Original Will (if any) – Must be filed with the Register of Wills in the county where the decedent was domiciled within reasonable time.
- Gather Death Certificates – Order at least 10 certified copies.
- Complete Petition for Probate (Form RW1101) – Available on the Maryland Register of Wills website.
- File at the Correct County Register of Wills – Filing fee is $150–$400+ depending on estate size (2025 schedule).
- Publish Notice to Creditors – Required in a local newspaper for three weeks.
- File Inventory (Form RW1109) within 3 months and Information Report.
- Pay Maryland inheritance tax if applicable (10% on non-lineal beneficiaries).
- Close the estate with Final Account and Distribution.
How to Use the Maryland Small Estate Affidavit (Simplified Process)
The small estate route is dramatically faster and cheaper. Here’s how I help families complete it in one visit:
- Wait 30 days after death.
- Obtain certified death certificate.
- List every asset and exact value as of date of death (bank statements, vehicle blue book, etc.).
- Identify all heirs/legatees and have them sign Schedule B if needed.
- Complete Form RW1108 – Petition for Administration of Small Estate (my free template below is this exact form pre-filled with instructions).
- File at county Register of Wills with $10–$50 fee (most counties $10 in 2025).
- Receive Letters of Administration the same day in many counties.
- Present certified copies to banks, DMV, etc.
Free Download: Maryland Small Estate Affidavit Template 2025 (Form RW1108)
I’ve taken the official Maryland RW1108 and added line-by-line instructions, common mistakes to avoid, and sample language that has been accepted in every Maryland county. This is the same template I email to clients for immediate use.
Click Here to Download Free Maryland Small Estate Affidavit Template (Word .docx)
Updated November 2025 – Includes 2025 asset limits and current Register of Wills addresses.
Required Schedules and Attachments for Small Estate
- Schedule A – Itemized list of all assets with values
- Schedule B – Signed consent of all interested persons (if multiple heirs)
- List of Creditors – Name and amount owed
- Paid funeral bill (up to $15,000 gets priority)
Maryland Executor of Estate Forms You’ll Need (All Free Official Links)
| Form Name | When Needed | Official Link |
|---|
| RW1101 – Petition for Probate | Regular estate | registers.maryland.gov |
| RW1108 – Small Estate Petition | Estates ≤ $50k/$100k | Included in my free template above |
| RW1109 – Inventory | All estates | Official site |
| RW1113 – Claim Form | Creditors | Official site |
Common Mistakes That Get Small Estate Petitions Rejected
In my practice, these are the top reasons Register of Wills clerks hand papers back:
- Valuing assets higher than $50,000/$100,000 limit (even by $1)
- Forgetting to subtract joint accounts or POD/TOD designations
- Listing real estate owned solely by decedent
- Filing before 30 days after death
- Missing original signatures (no electronic signatures accepted in most counties)
- Not attaching paid funeral bill when claiming the $15,000 allowance
County-by-County Filing Tips (2025)
Some counties are stricter than others:
- Montgomery & Prince George’s – Require appointments
- Baltimore City – Long lines; arrive by 8:30 AM
- Anne Arundel, Howard, Frederick – Usually same-day letters
- All Eastern Shore counties – Very lenient on formatting
Taxes Every Maryland Executor Must Know
- Maryland is one of only six states with an inheritance tax (0% for lineal descendants, 10% for everyone else)
- Federal estate tax only applies above $13.61 million (2025)
- Final 1041 income tax return often required
Source: IRS.gov and Maryland Comptroller
Final Thoughts: Do You Really Need an Attorney?
For true small estates with cooperative family members, many people successfully use my template and file themselves. However, I always recommend at least a 30-minute consultation if:
- There is any disagreement among heirs
- Real estate is involved
- The decedent owed significant debt
- There are stepchildren or non-traditional family structures
Opening an estate in Maryland doesn’t have to be overwhelming. With the right Maryland executor of estate forms and understanding of whether you qualify for the Maryland small estate affidavit, most families can handle the process quickly and inexpensively.
Download my free 2025 Small Estate Affidavit template above and feel free to reach out with questions – I answer reader comments personally.
Sarah J. Bennett is a Maryland-barred attorney specializing in probate and estate administration. This guide reflects Maryland law as of November 2025.