Legal Question in Wills and Trusts in Maryland

I am a CT resident. My wife's sister has just died in Maryland. Her entire estate amounted to about $900 in a bank account. I am not interested in the money, but there are a few creditors, mostly doctors and hospital. I am told I should file a Small Estate Affidavit in the Montgomery County (MD) Probate Court.

So, should I just download the form, complete as best I can and send it in? Then, the court gives me the authority to distribute the $900 as I see fit? Do I need a lawyer to help complete the form?

Thank you for any help you can give.


Asked on 5/18/10, 3:57 pm

1 Answer from Attorneys

Cedulie Laumann Arden Law Firm, LLC

Under the circumstances it may be more cost effective to handle this yourself, although you may find consulting an attorney and/or limited representation helpful to guide you through the process. Maryland offers a streamlined process for small estates. If there is no will, family members have priority to serve as "Personal Representative" (other states often call this role "Executor" or "Administrator"). Whomever seeks appointment will start with filing a Petition (you should also provide a certified death certificate and the original will if one exists). You may need to post nominal bond. You will then need to give notice to heirs and publish notice to creditors in a local newspaper.

Once appointed, the court will give "Letters of Administration" which grant authority to manage an estate. This includes opening an estate bank account, selling / transferring assets and paying creditors. However, the personal representative cannot distribute assets (however modest) as they see fit -- the law has a specific priority for disbursing assets.

While not legal advice, I hope that this helps answer your question.

Read more
Answered on 5/24/10, 6:19 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Maryland