How Does Probate Work in Maryland?


If you are chosen to administer an estate in Maryland, you may go through the probate process. If you are facing this process, it is important that you retain the services of an experienced attorney who can ensure you complete the process effectively. Continue reading learn more about the probate process in Maryland.

What is probate?

When probate is determined to be necessary by the courts, it is to determine whether the person who has passed away has a valid and enforceable will. Probate matters are handled in the Orphan’s Court. However, the decedent’s property only enters probate if the property is exclusively in their name. When a property is jointly owned by a survivor, the survivor will receive the property which will bypass the probate process.

What is a simplified probate proceeding?

A small estate is when someone passes away who has less than $30,000 in assets. It might be chosen to follow an alternative probate process by those in charge of administering the estate in this case. This alternative process will allow their estate to close within a matter of months. The Orphan’s Court will not have to approve Administration Accounts and the inventory will not need to be filed.

Surviving spouses who will receive assets worth less than $50,000 will also have the option to participate in simplified probate proceedings. Some individuals may qualify for the “Modified Estate Administration” procedure which allows certain individuals to avoid the Orphans’ Court and close their estates within 10 months.

What is the probate process in Maryland?

The first step you will take is to retain the services of an experienced estate planning attorney. With their assistance, you and your attorney will file the decedent’s will in the Register of Wills. This will be completed where the decedent lived at the time of their passing. The estate’s personal representative will then file a petition for probate and supplementary forms at the Register of Wills. Next, the personal representative will complete the following steps:

  • Locate all beneficiaries of the will
  • Identify all remaining creditors and pay off all outstanding debts, create an account of all assets included in the will
  • Distribute those assets to all beneficiaries included in the will.

To complete the probate process, you and your attorney will file a Certificate of Compliance to close out the estate. To begin this process today, reach out to our experienced estate planning attorney.

Contact our experienced Montgomery County, Maryland firm

The attorneys at JD Katz have years of experience compassionately guiding clients in Maryland through the estate planning and administration process. Our firm also has experience with matters of elder law, business law, tax law, and litigation. For a legal team that will put your needs first, contact JD Katz today.