Quick answer: if total probate property — house net of mortgage included — is at or under $50,000 ($100,000 for a sole-heir surviving spouse), small estate administration applies. Above that, regular probate is needed, though Maryland's own sale authority under §7-401 keeps that process fairly light too. Check your own numbers with the Maryland small estate checker.
Why the house isn't automatically disqualifying
Unlike states that exclude real property from the small estate calculation entirely, Maryland counts it — but at fair market value minus any recorded secured debt. A house worth $300,000 with a $260,000 mortgage balance contributes only $40,000 to the cap calculation, which can genuinely keep a modest, still-mortgaged home within the small estate threshold.
What skips probate before any threshold matters
Jointly titled property with survivorship rights passes automatically to the surviving co-owner — the survivor simply presents a certified death certificate at the relevant office, no probate or court involvement required. Assets held in a living trust transfer to the successor trustee the same way, regardless of the estate's overall size.
Regular probate, when it applies, still runs through §7-401
The decision, in order
- Is the asset jointly titled with survivorship rights, or held in a trust? If yes — it skips probate regardless of value.
- Is total probate property, house net of mortgage included, at or under $50,000 (or $100,000 for a sole-heir spouse)? If yes — the small estate petition.
- Above the limit — regular probate, administrative or judicial depending on whether there's a dispute.
A local probate attorney can review your estate — many offer a free consultation.
Whichever tier applies, filing happens with the Register of Wills of the decedent's home county — Montgomery, Baltimore, Prince George's, Baltimore City, and the rest of Maryland's 23 counties follow the same statutory thresholds.