Maryland Bank Account After Death

Bank accounts after a death in Maryland

Money in a joint account with a surviving owner, or in a payable-on-death or transfer-on-death account, goes to that person under the account terms and does not need an estate. For an account in the person's name alone, Maryland has no affidavit you can give the bank: a personal representative appointed by the Register of Wills (in a small or regular estate) collects it with letters of administration. A limited order from the Register of Wills can let a family member search for assets in the person's name alone or for a will in a safe deposit box.

Law: Md. Code, Fin. Inst. sec. 1-204; Est. & Trusts secs. 1-101(s), 5-601 to 5-607

Source: Official page

Do bank accounts count toward the small estate limit?

Kind of property	How it is treated	Details
Bank accounts in the person's name alone	Counts	Bank accounts in the person's name alone with no payable-on-death beneficiary count. Law: Est. & Trusts 1-101(s), 5-601
Joint or payable-on-death (POD) bank accounts	Left out	Joint accounts with a surviving owner and payable-on-death accounts pass to that person by the account terms, so they are not counted. Law: Est. & Trusts 1-101(s); Fin. Inst. 1-204

FDIC insurance after a death

After a deposit owner dies, FDIC insurance on the account stays the same for six months, unless the account is restructured. After six months, coverage is based on who actually owns the money.

Law: 12 CFR 330.3(j)

Transfer-on-death (TOD) and payable-on-death (POD) in Maryland

Bank account (POD)

Yes

Law: Md. Code, Fin. Inst. sec. 1-204

Source: Official page

Death certificates in Maryland

The Register of Wills does not issue death certificates. Order certified copies from the Vital Statistics Administration. The recorded fee line is (410) 764-3038. Many agencies accept a copy; ask whether a copy is enough before you buy more certified copies.

Law: Register of Wills FAQ 1.13

Where to get it: Maryland Department of Health, Vital Statistics Administration
Official page: Official page

Surviving spouse in Maryland

If the surviving spouse is the only heir or beneficiary, the small estate limit is $100,000 instead of $50,000, and the Register of Wills charges no fees. If the person left only one or two vehicles (or a boat worth $5,000 or less) and nothing else, the spouse who is the only heir can transfer them without any estate. In an estate, a surviving spouse or registered domestic partner is entitled to a $10,000 family allowance, and each unmarried child under 18 to $5,000.

Good to know in Maryland

Property distributed from an estate that qualifies as a small estate is exempt from Maryland's inheritance tax.
The Register of Wills must help people prepare administrative probate forms, though it does not give legal advice on deeds or vehicle titles.
If property found later pushes the total above $50,000 (or $100,000 when everything goes to the spouse), the small estate must continue as a regular estate.

Changes in 2024–2026

2026 Md. Laws ch. 750, effective October 1, 2026: the Maryland Transfer-on-Death Deed Act (Real Prop. secs. 14-1001 to 14-1014) lets owners pass real property at death by a recorded TOD deed; it applies to owners who die on or after October 1, 2026, and exempts TOD deeds for a primary or secondary residence from recordation and transfer taxes. The Register of Wills Small Estate Packet and petition RW1103 were revised October 1, 2026. The small estate limits ($50,000; $100,000 for a spouse who is the only heir) did not change.

Letters to a bank

Use the free tools below to ask a bank for the balance on the date of death or to present a signed small estate affidavit.

Related pages

Free help in Maryland

A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.