What to File to Open a Small Estate
This article discusses the process of filing a Small Estate. The information in the article does not apply to filing a Regular Estate. If you are unsure what type of estate you should file, see Determining What Type of Estate to File: Regular or Small.
To open a Small Estate, the Personal Representative must file several forms at the Register of Wills office where the Decedent had their permanent home or was “domiciled.” The addresses to these offices, along with other contact information, can be found on the Register of Wills homepage.
The forms for opening a small estate can be found on the Register of Wills website.
1. Petition for Administration
Small estates (Form 1103):
This form establishes the Personal Representative’s priority of appointment to serve, either under the terms of a valid Last Will and Testament or, in the absence of a valid Will, pursuant to the laws of intestacy.
- If the person petitioning to serve as Personal Representative does not have first priority in the Will or under the law in the absence of a Will, they must file a “Consent to Appointment of Personal Representative” signed by all the people who have priority over the individual petitioning.
- For example, if the Decedent’s Will names a sibling to serve as Personal Representative, the sibling has priority. If the Decedent’s father wishes to act as Personal Representative, he would first have to get the permission of the sibling as well as anyone else (such as a spouse or children) who has priority over him to serve.
2. List of Assets and Debts: Small estates: Form 1137 or “Schedule B”
3. Notice of Appointment / Notice to Creditors / Notice to Unknown Heirs
- Small estates: Form 1109
- For small estates, the notice is published once in a newspaper of general circulation, such as the “Daily Record”.
- There is a fee to publish this notice, which differs by county.
4. Bond of Personal Representative Form
- Small estates: Form 1115
- • For estates valued at $10,000 or more (after the expenses and allowances of administering the estate)
- Executed by an insurance company
- Must be filed unless bond of the personal representative is excused by the will or by a written waiver of all interested persons by Form 1117.
5. List of Interested Persons
- An interested person includes, in general, anyone who is named to inherit under the Will, and anyone who would have inherited under the laws of intestacy if the Decedent had died without a Will.
- The interested persons of the Decedent include their natural heirs, if any (e.g. spouse, biological children, and adopted children).
- The purpose of the List of Interested Persons is to notify these individuals that an estate has been opened, and to give them an opportunity to contest the administration proceedings if they so choose, in accordance with timelines set by Maryland law. Once all the individuals are notified, anyone who is not named to inherit under a Will (if it exists) or has no further involvement in the estate administration will play no further role in the proceedings.
- If an Interested Person was determined not to have been properly notified at the opening of the Estate, the Personal Representative will be required to go back and notify them and provide the required notice before the Estate can conclude.
- Interested Persons have the choice to voluntarily give up their right to receive notice and information during the estate administration process if they wish. They can do this by completing the Waiver of Notice Form (Form 1101) and filing it with the Register of Wills.
6. Paid Funeral Bill
7. Original Death Certificate - available from Division of Vital Records
8. Proof of ownership of Decedent’s probate assets, such as title for vehicle and/or deed to real property
9. Proof of assessed date of death value for Decedent’s probate assets, such as Kelley Blue Book value, SDAT value (for real property), and/or appraiser valuation for tangible personal property.
10. Proof of value of secured debt to be deducted from the date of death value for each probate asset, if applicable (such as mortgage or car loan)
More information about how to manage a small estate.