What to Know About the Probate Process in Maryland

You may go through the probate process if you have been chosen to administer an estate in Maryland. It is important to retain the services of an experienced attorney who can ensure that you complete the process effectively if you are facing the probate process. To learn more about probate and what to expect during the process ahead, continue reading and reach out to our Montgomery County probate attorney.

What is probate?

Probate is deemed necessary by the court to determine if the person who has passed has a valid and enforceable will. These matters will be handled in the Orphan’s Court. The decedent’s property will only enter probate if the property is exclusively in the decedent’s name. When a property is jointly owned by a survivor, they will receive the property and bypass the probate process.

What is a simplified probate proceeding?

When an individual passes who has less than $30,000 in assets, this is considered a small estate. Those in charge of administering the estate may choose to follow an alternative probate process in this case. The alternative process will allow their estate to close within a few months. The Orphan’s Court will not have to approve Administration Accounts and the inventory will not be required to be filed.

Spouses who receive assets worth less than $50,000 will be able to participate in simplified probate proceedings. Some individuals may be allowed to avoid the Orphan’s Court and close their estates within 10 months if they qualify for the“Modified Estate Administration”

What is the probate process in Maryland?

First, you should reach out to an experienced attorney. You and your attorney will then file the decent’s will in the Register of Wills in the county that the decedent lived at the time of their passing. Next, the estate’s personal representative will file a petition for probate and supplementary forms at the Register of Wills. The personal representative will also complete the following steps:

  1. Locate all beneficiaries of the will
  2. Identify all remaining creditors and pay off all outstanding debts
  3. Create an account of all assets included in the will
  4. Distribute those assets to all beneficiaries included in the will

Finally, with the assistance of your attorney, you will file a Certificate of Compliance to close out the estate.

To get started with the probate process today, do not hesitate to contact our Montgomery County 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.

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