Not long after the death of a family member, the reality of probate sets in. The looming probate process can feel overwhelming for a first-time personal representative. After all, probate is a complicated and protracted legal process that involves noticing parties, discovering assets, selling or transferring property, paying debts, numerous complex Court filings, and more. Few would not feel overwhelmed facing probate for the first time. Here we seek to answer a few of the questions a first-time personal representative might ask at the beginning of probate.

Do I need to probate my family member’s estate?

In Maryland, probate requirements can vary depending on the specifics of the estate, including the size of the estate, the existence or absence of a will, the nature of the estate beneficiaries, and whether the decedent had creditors at death. Generally, probate is required in Maryland to settle estates unless all the assets of the decedent were held in a trust, held jointly with right of survivorship, or set up to pass by beneficiary designation. For example, the decedent might have had beneficiaries designated under one or more life insurance policies or as payable-on-death beneficiaries with an investment firm or bank. In those cases, the insurance proceeds or account balance would be non-probate assets.

However, if the decedent owned any property solely in their name or had any assets that did not automatically transfer to a surviving joint owner or beneficiary, probate may be necessary. The only probate assets in the estate might be a car or a single small bank account for which the decedent never thought to name a beneficiary. Regardless of how insubstantial the assets, probate is necessary to transfer those assets to the heirs or legatees(what heirs are called when there is a will). In Maryland, probate involves filing paperwork with the Orphans’ Court in the county where the deceased person lived at the time of their death. This process allows for the legal transfer of assets to beneficiaries and ensures debts and taxes are settled.

What is a Small Estate?

In Maryland, there is a simplified procedure for handling Small Estates. If the value of the deceased person’s assets is less than $50,000, again, excluding exempt property and assets that pass outside of probate, the estate may qualify for expedited Small Estate administration. This involves filing a petition with the Orphans’ Court and providing documentation such as an itemized list of assets and their values, a statement of funeral expenses paid, and other documents.

What is a Regular Estate?

In a Regular Estate the value of the deceased person’s assets generally exceeds $50,000. A Regular Estate is complex, involves numerous Court filings and is administered under the full supervision of the Court. It is generally advisable to seek the assistance of an experienced Estates and Trusts Probate attorney to assist with administration of a Regular Estate.

How long does the probate process in Maryland take?

The duration of probate in Maryland can vary depending on several factors, including the complexity of the estate, whether there are any disputes among beneficiaries or creditors, and whether the court docket is backed up. Here are some general points to consider regarding the timeline of probate in Maryland:

  1. Initial Filing and Inventory: The probate process typically begins with filing the necessary paperwork with the Orphans’ Court in the county where the deceased person lived. This includes submitting the Will and an Inventory of the deceased person’s assets. The timeline for this initial phase can vary, but it generally takes 1-3 months.
  2. Notice to Creditors and Claims Period: After filing, the Personal Representative (executor) must publish a notice in a local newspaper. Creditors have six months to file claims against the estate.
  3. Resolution of Claims and Debts: The personal representative is responsible for identifying and paying valid debts of the estate. Resolving these claims can take time, especially if there are disputes or if the estate’s assets are complex.
  4. Closing the Estate: The final step involves closing the estate, which includes filing a final account with the court detailing all financial transactions of the estate. Once the court approves the final account, the estate can be closed.
  5. Distribution of Assets: Once debts, taxes, and administrative expenses are paid, the remaining assets can be distributed to the beneficiaries named in the will or heirs according to Maryland’s intestacy laws if there is no will. This distribution process can occur once the court approves the final accounting.

On average, probate in Maryland typically takes 9-12 months to complete, depending on the specific circumstances of the estate. Complex estates or those with contested issues can take longer. Working with an experienced Estates and Trusts Probate attorney can help streamline the process and ensure that all legal requirements are met efficiently.

Who can I consult about probate of my loved one’s estate?

For specific guidance on probate in a particular case in Maryland, consult with a qualified attorney who specializes in estate planning or probate law. At Pare and Associates, we specialize in probate administration and can provide advice tailored to the individual circumstances of the estate in question.

Call or Email today to set your Probate Consultation.
Call: (301) 515-1190
Email: frontdesk@alicelaw.com

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