Maryland executor and estate paperwork checklist

This is an organizer, not legal advice. An estate attorney or the county probate/surrogate office answers questions about your situation.

The first 30 days

General steps in plain words. Tick them off as you go; the ticks stay on this screen only.

1. Get several certified copies of the death certificateThe funeral home can usually order them, or the vital records office can. Each bank, insurer and pension plan may ask for its own.
2. Make sure Social Security knowsFuneral homes generally report the death. If not, call 1-800-772-1213 (TTY 1-800-325-0778). A surviving spouse, or some children if there's no spouse, may get a one-time $255 payment.
3. Locate the signed will and any changesThe signed original matters more than a copy. Keep it whole and somewhere safe, and note who else has a copy.
4. Secure the home, car and mailLock up, keep the insurance in force, photograph valuables and forward the mail to yourself.
5. Hold off on paying debts or giving things awayWait until you know which route applies and who has authority. If something can't wait, ask the probate clerk or an attorney.
6. Stop using the person's power of attorneyA power of attorney ends at the principal's death, so an agent under it can't act for the estate.
7. List what the person owned and owedNote how each asset is held: in the person's name alone, jointly, or with a named beneficiary. Accounts with a beneficiary or joint owner usually pass outside the will.
8. Check the total against $50,000The official page's small estate figure (it changes with the date of death). Leave out anything the page says isn't counted.
9. Keep an account of every transactionWrite down each payment and each deposit with the date and a receipt; heirs and the court may ask to see it.
10. When appointed, get an EIN and open an estate accountPay estate bills from that account only. Form 1041 is due if the estate has more than $600 of gross income in a year (IRS).

Sources for the federal steps: Social Security Administration: When someone dies · IRS: Deceased taxpayers, filing the estate income tax return (Form 1041) · power of attorney: Power of attorney at a real estate closing.

The small estate route

• ConfirmedSmall estate limit

  Probate assets of $50,000 or less, or $100,000 if the surviving spouse is the sole legatee or heir. For deaths before October 1, 2012 the limits were $30,000 and $50,000.

  "$50,000 or less (or $100,000 if the spouse is the sole legatee or heir)"

  • By date of death: through September 30, 2012: $30,000; from October 1, 2012: $50,000.
  • With a surviving spouse, as the page describes: up to $100,000.

  Sources: Maryland Register of Wills: Administration of estates; Maryland Register of Wills: Small estate form list; Maryland Register of Wills: General estate information guide, checked November 2026

• Not confirmedReal estate

  Not confirmed — check Maryland Register of Wills: Administration of estates.

• Not confirmedWaiting period after the death

  Not confirmed — check Maryland Register of Wills: Administration of estates.

• Not confirmedNotary or oath

  Not confirmed — check Maryland Register of Wills: Administration of estates.

• ConfirmedWhere the paperwork goes

  Through a court office. The petition and Schedule B are filed with the Register of Wills promptly after the death; a notice is published once if required.

  "should be filed with the Register of Wills promptly after the date of death"

  Sources: Maryland Register of Wills: Administration of estates; Maryland Register of Wills: Small estate form list; Maryland Register of Wills: General estate information guide, checked November 2026

• ConfirmedOfficial form

  Petition for Probate with Schedule B (small estate). Filed with the Register of Wills with a list of interested persons, an information report and, where required, a notice to creditors and bond; no fees are due on small estates since October 1, 2022.

  Sources: Maryland Register of Wills: Small estate form list; Maryland Register of Wills: Administration of estates; Maryland Register of Wills: General estate information guide, checked November 2026

• ConfirmedSimplified court procedure

  Small estate administration (and modified administration for regular estates): Small estate administration is a short Register of Wills process. Modified administration is a streamlined path in a regular estate that replaces the inventory and account with a final report.

  Sources: Maryland Register of Wills: Administration of estates; Maryland Register of Wills: Small estate form list; Maryland Register of Wills: General estate information guide, checked November 2026

• ConfirmedSurviving spouse

  The limit doubles to $100,000 when the surviving spouse is the sole legatee or heir.

  "(If spouse is sole heir or legatee, $100,000.)"

  Sources: Maryland Register of Wills: Administration of estates; Maryland Register of Wills: Small estate form list; Maryland Register of Wills: General estate information guide, checked November 2026

The will at probate

How the will had to be signed matters when it's offered to the court.

• ConfirmedWitnesses the will needed

  Two or more credible witnesses, in the testator's physical or electronic presence.

  "Attested and signed by two or more credible witnesses in:"

  Sources: Maryland 2022 Laws Chapter 176 (HB 576), amending Estates and Trusts 4-102 (Maryland General Assembly); Nolo (secondary source): How to Make a Will in Maryland (Nolo, updated August 2025), checked November 2026

• ConfirmedSelf-proving affidavit

  No separate affidavit is needed. Per Nolo (citing Md. Est. & Trusts 5-303), a will that is signed and witnessed correctly doesn't have to be proved to the probate court, so there's no self-proving affidavit to make.

  "Maryland allows your will to be self-proved without a self-proving affidavit"

  Source: Nolo (secondary source): How to Make a Will in Maryland (Nolo, updated August 2025), checked November 2026

• ConfirmedIf the will is handwritten

  Only for a member of the armed services outside the U.S.; entirely in the testator's handwriting, and void one year after discharge unless the testator has died or lost capacity (Nolo, citing Md. Est. & Trusts 4-103).

  Source: Nolo (secondary source): How to Make a Will in Maryland (Nolo, updated August 2025), checked November 2026

• Not confirmedA witness who inherits

  Not confirmed — check Maryland 2022 Laws Chapter 176 (HB 576), amending Estates and Trusts 4-102 (Maryland General Assembly).

Documents to gather

• Life insurance policies and annuities
• The last few years of tax returns
• Recent bills, loan and credit card statements
• Pension, Social Security and benefit letters
• Safe deposit box location and keys
• Certified death certificates
• The original will and any codicils
• Deeds and mortgage statements
• Vehicle titles and registrations
• Recent bank, brokerage and retirement statements
• The official small estate form: Petition for Probate with Schedule B (small estate)

Who to notify

Social Security (if the funeral home hasn't), Banks and credit unions, Brokerage and retirement accounts, Life insurance companies, Utilities and phone, Landlord or mortgage servicer, Credit card companies, Pension or employer. Write once to each, enclose a death certificate copy, and record the reply.

Documents needed abroad

• ConfirmedA death certificate needed abroad

  Apostilles for this state's documents come from the Maryland Secretary of State, Certification Desk. $5 per certification or apostille (card accepted in person). Vital records: State or county documents need the seal and authorized signature of the issuing department.

  Source: Maryland Secretary of State, Certification Desk, checked November 2026

Where to ask

An estate attorney or the county probate/surrogate office answers questions about your situation. Official pages for Maryland:

• Maryland Register of Wills: Administration of estates
• Maryland Register of Wills: Small estate form list
• Maryland Register of Wills: General estate information guide

Still to confirm

• Real estate: check Maryland Register of Wills: Administration of estates
• Waiting period after the death: check Maryland Register of Wills: Administration of estates
• Notary or oath: check Maryland Register of Wills: Administration of estates
• A witness who inherits: check Maryland 2022 Laws Chapter 176 (HB 576), amending Estates and Trusts 4-102 (Maryland General Assembly)

General information, not legal, tax or financial advice. We are not lawyers, and MCC Solutions is not a law firm. An estate attorney or the county probate/surrogate office answers questions about your situation. Facts checked November 2026.

Common questions

Related: Executor guide by state · Will signing requirements · Apostille steps · Estate paperwork help