How to Prepare an Heirship Affidavit in Maryland | Maryland Probate | FastCounsel
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How to Prepare an Heirship Affidavit in Maryland

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a licensed attorney in Maryland for guidance tailored to your situation.

Detailed Answer

An heirship affidavit (often called a “small estate affidavit”) lets qualifying relatives collect a decedent’s personal property without full probate. In Maryland, Estates & Trusts Article § 7-402 authorizes transfer of assets under certain value limits. Follow these steps carefully.

1. Confirm Eligibility

  • Decedent must have died domiciled in Maryland.
  • Total personal property value (excluding real estate) cannot exceed $50,000 (E&T § 7-401).
  • No formal probate or administration ongoing for that estate.

2. Draft the Affidavit

Include the following elements in your document:

  • Decedent’s full name, date and place of death, and last address.
  • Statement of relationship: list each heir, their relationship, and contact details.
  • Value statement: certify that personal property does not exceed $50,000.
  • Declaration of no known creditor claims or pending administration.
  • Oath language ending with a jurat for the notary public.

3. Gather Supporting Documents

  • Certified copy of the death certificate.
  • Copies of proof of heir status (birth certificates, marriage certificates).

4. Execute and Notarize

All affiants (heirs) must sign under oath before a Maryland notary public. The notary will include the date, seal, and signature.

5. File or Present the Affidavit

  • File the original with the Register of Wills in the county where the decedent resided (E&T § 7-403).
  • Provide certified copies to banks, brokers, or other institutions holding the assets.

Helpful Hints

  • Double-check the $50,000 threshold; include only personal property, not real estate.
  • Use the Maryland Register of Wills website to confirm local filing fees and requirements.
  • Maintain a copy of every filed document and certified mailing receipts.
  • Consider obtaining legal review if the estate has unusual assets or potential creditor claims.
  • Act promptly: some institutions impose deadlines for presenting small estate affidavits.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.