Topics on this page:

• Determining What Type of Estate to File: Regular or Small
• Step 1: Making a list of all the decedent’s assets
• Step 2: Making a list of all the decedent’s debts
• Step 3: Determine whether to administer as a Regular or a Small Estate 

Determining What Type of Estate to File: Regular or Small

To determine what type of estate to open, it is necessary to calculate the value of the Decedent’s probate estate, which is the value of what the Decedent owned in their sole name (without any other owner or beneficiary already named on the title).  

This determination is important because Maryland Law has different administration processes for Regular Estates and Small Estates, requiring different steps and forms throughout the entire process. 

There are three steps in calculating the value of an estate:

1. Making a list, with their values, of all the decedent’s assets that comprises the probate estate (the assets titled in the Decedent’s sole name) 
2. Making a list of all of the “secured debt” that is attached to these assets.
   • Examples of “secured debt” include:
     • A deed of trust (mortgage) on the decedent’s home
     • A car loan on the car’s title
     • Various types of liens on any of the decedent’s property, such as a home equity loan or line of credit
   • Note: It is important that only debt that involves giving a lender a “security interest” in the decedent’s property is included here, and not debt from general creditors like credit cards.
   • Deeds of trust can be found on the Maryland Land Records website, and other secured debt records can be found on the Maryland Department of Assessments and Taxation (SDAT) website. 
3. Subtracting the secured debts from the value of each asset to calculate the value 

Whether an estate qualifies as a small estate or a regular estate depends on the net value of the estate. The net value is determined by the value of the Decedent’s assets which are subject to probate (titled in the Decedent’s sole name), minus any secured debt. Jointly owned assets or assets that already have a beneficiary named on the title are not included in this calculation. 

Step 1: Making a list of all the decedent’s assets

This list of assets includes only “probate property,” which is the Decedent’s property that will actually be subject to the estate administration process. These are assets titled in the Decedent’s sole name with no beneficiary and no joint owner. The list should not include “non-probate property” that passes to others outside of the estate, which may include:

• jointly owned property or accounts,  
• retirement plan accounts that bear beneficiaries,  
• Payable-on-Death (POD) accounts, and  
• life insurance death benefits that are paid directly to one or more named beneficiaries.

The following questions must be answered to calculate the value of the Decedent’s probate property: 

1. What is the value of any personal property? (tangible items such as jewelry, furniture, vehicles etc.)

Important note on vehicles: if the decedent owned a vehicle, the Register of Wills will accept an appraisal from Kelley Blue Book that can be obtained online at no charge. Some dealerships may also provide a free estimate of the vehicle’s value.  

2. What is the value of any real property? ("real property" refers to a house and/or land owned by the decedent.)

• If it has been determined that real property owned by the Decedent is part of the probate estate, the assessed value from the SDAT website can be used initially for the purpose of opening a small or regular estate
• Deeds to real property are searchable on the Maryland land records website and can be read to verify ownership. However determining the titling of real property can be complex, and the Personal Representative may need to consult with an attorney to confirm ownership. Sometimes a Deed showing sole ownership indicates the property is part of the probate estate.  However, if more than one name appears on the title, the type of ownership and the history of all prior must be confirmed, as Maryland recognizes multiple forms of co-ownership, and having multiple names on a title does not necessarily exclude the property (or a portion of it) from the Decedent’s probate estate. Additionally,  if there were other owners, their respective shares may have passed by operation of law to their heirs.  
• If a copy of the deed is not in possession, one can be obtained through the Maryland land records website by searching for the names of the owners or the property address.  Once the deed has been located the following types of ownership may be reflected in its provisions:
  • fee simple
  • life estate
  • joint tenants
  • joint tenants with right of survivorship
  • tenants by the entireties
  • tenants in common

If the Decedent’s name is the only one that appears on the deed as sole owner in “Fee Simple,” then the entire value of the property is included in the calculation.

If there are multiple owners in a joint tenancy, a tenancy in common, or a life estate, further investigation will be needed to determine whether the property (or a portion of it) belongs to the Decedent's probate estate. Factors beyond the deed itself may affect ownership, including the death of one or more owner and potential inheritance of their share, or a property settlement agreement of some kind (like a divorce, separation agreement, or a lawsuit encumbering the property).  

When multiple owners are listed on the deed, the Personal Representative may wish to obtain advice from a real property expert regarding the ownership status before moving forward with the administration of the estate.  This will ensure an accurate value of the probate estate and protect the Personal Representative from distributing the property to someone in error.     

3. Finally, what is the value of the decedent’s other non-tangible property that does NOT already go to a designated death beneficiary?

Add the value of each asset to calculate one figure of decedent’s assets.

Step 2: Making a list of all the decedent’s debts

• Does the Decedent's house have a deed of trust (mortgage)? The remaining balance on any mortgage will be subtracted from the home's value.
• Does the Decedent have remaining car payments? The remaining balance on the car loan will be subtracted from the car's value.
• Are there any other types of liens on the Decedent's property? The amount required to satisfy each lien will be subtracted from the value of the property on which the lien is placed.

Funeral expenses, statutory family allowances, and certain administration expenses (such as postage to notify interested persons of the administration of the estate) are also deductible for purposes of qualifying for a small estate administration.  

Add the value of each debt to calculate the decedent’s total debts. 

Step 3: Determine whether to administer as a Regular or a Small Estate

• If the value of the probate estate is greater than $50,000 after all allowable deductions and someone other than a sole surviving spouse is inheriting, a Regular Estate must be administered.
• If the value of the probate estate is greater than $50,000 after all allowable deductions and a sole surviving spouse is inheriting, a Small Estate must be administered.
• If the value of the probate estate is less than $50,000 after all allowable deductions, a Small Estate must be administered.

If a Regular or Small Estate is opened and it is later determined a different type of Estate should have been administered, it is possible to convert to another type; for example, if the Personal Representative opens a Small Estate and later discovers the Decedent owned a vacation property in their sole name, the Personal Representative can convert the Small Estate to a Regular Estate.  The County’s Register of Wills may have its own process for converting to a different administration.

Read the Law: Md. Code, Estates & Trusts § 5-601