In many states the law provides an informal means or process for administering small estates, as defined by the state’s statutes.

For example, in some states an estate under a certain value may be distributed using an affidavit known as a small estate affidavit that is signed by the persons to whom the estate’s assets are to be distributed and two disinterested witnesses.

And other states have a simplified small estate process under which the successor to an interest in real property may petition the court to transfer the real property and recognize the transfer of personal property.

Laws vary from state to state and a state’s informal process for administering a small estate is usually located in the state’s statutes—often in the estates code or probate code.

In Maryland, the law provides a simplified process for administering small estates. A small estate in Maryland is defined as an estate where the value of the probate assets does not exceed $50,000, or $100,000 if the sole heir or legatee is the surviving spouse. To administer a small estate, a personal representative may use a Small Estate Affidavit to distribute the assets without going through the full probate process. This affidavit is a sworn statement that allows the transfer of property to the rightful heirs without formal probate proceedings. The process is governed by Maryland Estates and Trusts Code, specifically under Title 5, Subtitle 6, which outlines the procedures for small estate administration. This process is designed to be quicker and less costly than regular probate, making it easier for the successors to settle the decedent's affairs when the estate qualifies as 'small' under Maryland law.