What is Probate?
Probate in Maryland is the legal process of administering a deceased person’s estate, ensuring that debts are paid, and assets are distributed according to the will or Maryland’s intestacy laws if no will exists.
Where is Probate Handled in Maryland?
Probate in Maryland is overseen by the Register of Wills in the county where the deceased resided at the time of death. Maryland’s 24 jurisdictions, including counties and Baltimore City, each have a Register of Wills office.
Key Steps in the Probate Process in Maryland
- File the Will: The executor must file the will with the Register of Wills. If no will exists, someone must apply to be appointed as the estate’s personal representative.
- Inventory and Appraise the Estate: The personal representative must inventory the deceased’s assets, such as real estate, bank accounts, and personal belongings, and provide a valuation to the court.
- Notify Creditors: Creditors must be notified directly, and a notice must be published to alert unknown creditors. Creditors typically have six months to file claims.
- Pay Debts and Taxes: The estate must settle any debts and pay final taxes, including Maryland’s estate taxes, if applicable.
- Distribute Assets: After debts and taxes are paid, the remaining assets are distributed to the heirs or beneficiaries according to the will, or if no will exists, according to Maryland’s intestacy laws.
When Is Probate Required in Maryland?
Probate is required in Maryland when the deceased owns assets solely in their name, without a joint owner or beneficiary designation. Probate ensures these assets are properly transferred to heirs or beneficiaries.
Types of Probate in Maryland
- Small Estate Administration: If the estate is valued at $50,000 or less, a simplified process can be used to avoid full probate. The threshold is $100,000 if the surviving spouse is the sole beneficiary.
- Regular Estate Administration: Required for larger estates, this process involves full court supervision to ensure debts are paid, taxes are settled, and assets are distributed.
Avoiding Probate in Maryland
Certain assets in Maryland can bypass probate, such as jointly owned property, payable-on-death accounts, life insurance policies with named beneficiaries, and assets placed in a living trust.
How Long Does Probate Take in Maryland?
The probate process in Maryland typically takes six to nine months for regular estates. However, larger or contested estates may take longer to resolve.
Common Terms in the Probate Process in Maryland
- Intestate: Dying without a valid will.
- Letters of Administration: Court-issued documents granting the personal representative authority to manage the estate.
- Personal Representative: The person responsible for administering the estate, also known as the executor or administrator.
- Small Estate: An estate valued below the threshold for simplified administration.
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