Maryland Small Estate Affidavit Form

If a person dies, leaving no will behind, the Maryland small estate affidavit form makes it possible to claim the decedent’s personal property.

Each state has its regulations for small estate affidavit form. The form’s structure is more or less the same; however, their main difference is the maximum allowed value of the dead person’s estate. The period that must pass before filing the document from the time of death also varies from one state to another.

Maryland small estate affidavit official form

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A SEA form should contain the following essential details:

  • Value of the estate
  • Details of all aspiring heirs
  • Basic information about the decedent.

It is also common to add the list of debts left by the decedent. You may provide other details depending on the state’s requirements.

Maryland Laws and Requirements

Maryland small estate matters are covered in Subtitle 6 of Title 5. This part is called “Small Estates” and offers useful details for anyone trying to file a SEA form. Paragraphs 5–601 and 5–602 are especially relevant.

The official name of a SEA form in Maryland is the “Small Estate Petition for Administration.” After signing it, you should also complete the “Schedule B” form mentioned below.

If you are thinking of creating such a form in Maryland, note that the allowed value of the property you wish to claim will depend on your relations with the decedent. If you are the spouse, the value should not be more than $100,000. For any other type of relations, the sum reduces to $50,000.

Maryland Small Estate Affidavit Laws Details

Max. Estate $100,000 (for spouse) and $50,000 (for descendants)
Min. Time to Wait After Death Not specified
Filing Fee At least $50
State Laws Maryland Annotated Code, Estates and Trusts, Sections 5-601 to 5-608
seal of maryland state

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Filling Out the Maryland Small Estate Affidavit Form

To successfully create and complete the Maryland small estate affidavit form, follow the instructions below.

Download the Correct Template of the Affidavit

When you complete any legal document in the US, choosing the correct template is vital. You may easily download the needed file with our form-building software.

Pay attention to the file you pick. There is a type of SEA form related to vehicles only.

Indicate the County

On the top of the SEA form, write in which county of Maryland you are signing it.
County indication part of a Maryland sea template

Name the Dead Person

In the blank line below, add the name of the one who passed away.
Dead person's name indication part of Maryland small estate affidavit

Choose the Type of the Form

From the four types of documents listed, choose the one titled “Small Estate Petition for Administration.”
Form type choosing section of document of small estate affidavit for Maryland

Add the Petitioners’ Names

People who sign a SEA form in Maryland are also referred to as “petitioners.” Note their names and addresses. If there is only one petitioner, do not place anyone else in the form.

All petitioners should comply with certain conditions. They must be at least 18 years old, US citizens or residents, and either a spouse, a relative, or a representative of the dead person.
Petitioners' names adding part of a Maryland sea

Identify the Decedent

Having ensured that all petitioners have the right to file the SEA form, in Section 2, name the deceased person. State their former address and date and place of death. In Section 3, write the required information about the dead person, if applicable.
Decedent identification section of small estate affidavit form for Maryland

Explain Why you are the Personal Representative

Section 4 requires an explanation of why the decedent’s representative has a legal ability to file the SEA form.
Part for reason of being personal representative of a Maryland sea template

Confirm Several Statements

Sections 5–8 contain statements that you confirm if you sign the SEA form. Read them carefully. In Section 7, choose the appropriate option.
Statements confirmation part of Maryland small estate affidavit form

Describe the Will (If Any)

If the decedent left a written will, you should describe it here. If there is no will, put a tick in the relevant box.
Will description section of small estate affidavit document for Maryland

Enter Additional Information

If you are aware of some proceedings tied to the decedent’s properties, detail them in the relevant space.
Additional info entering section of Maryland small estate affidavit

Choose a Suitable Option

In the last section, before the signatures, choose the option that suits your case.
Option choosing part of a form of small estate affidavit for Maryland

Sign the SEA Form

Once you have completed everything, sign the form and write your name, address, telephone and fax numbers, and email address. All petitioners have to sign the document and write the current date.
Signing part of a document of small estate affidavit for Maryland

Complete the “Schedule B” Form

It is mandatory to submit a Schedule B form if you create a SEA form in Maryland. This form lists the decedent’s assets and debts. Describe all of them and sign the paper the same way you signed in the SEA form.
Schedule B completing section of a Maryland sea document

Published: Jan 11, 2021