A Guide To The Probate Process In Maryland

If you are visiting this page because you have recently lost a loved one and are looking to learn what comes next, let us first say that our hearts go out to you. We understand and deeply sympathize with the pain of losing someone close to you, and we also understand that navigating complex legal procedures following a death so closely can seem like adding insult to injury.

At Z Family Law, we approach the needs of our clients with compassion. We want to empower you through the legal process rather than letting the stress of it drag you down. Probating the estate of a loved one can be difficult for many reasons, including the essential facts that you are not a legal professional and you are going through a period of mourning! 

This is why we offer our services as experienced probate lawyers to our clients, and it’s also why we have created this handy guide so you can better understand the steps you will need to undertake in order to complete probate. Read on to get some insight into what you can expect from this process.

Disclaimer: This article is current as of September 2024, and all content is provided for informational purposes only. None of the information provided in this article, or elsewhere on this website, shall constitute or be construed as legal advice. For information specific to your individual circumstances, call us at (301) 781-7930 today.

What Is Probate?

Probate is the legal process by which the estate of a deceased person–that is, their assets, debts, and all range of worldly possessions–is distributed to beneficiaries. If the decedent (the deceased) has a will, the will is submitted to the court for validation and the assets are distributed accordingly. If the decedent did not create a will, their possessions are distributed according to the intestate succession laws of the state. 

Types Of Probate In Maryland

Your probate experience will depend largely on factors such as the size of the estate, the worth of the assets, and the existence (or nonexistence) of a will. If a person dies without a will, it’s known as dying “intestate”. Probate stil occurs, but assets are distributed according to state laws rather than the terms of the will, since there is none. 

There are geneally three types of probate:

• Formal Probate: Also known as regular probate, this is the most common type of probate. This type of probate typically occurs when the decedent was in possession of assets valued at $50,000 or more. Typically this process entails filing for probate and submitting the will, if one exists, appointing an executor (or personal representative) of the estate to appraise the assets, and distributing them according to the terms of the will or according to the law. There are fees associated with this type of probate in addition to estate taxes and the cost of the upkeep of the assets. 

• Modified Administration/Summary Probate/Small Estate: This is a modified approach to probating estates that fall below that $50,000 threshold. This type of probate streamlines the process and only requires a one-time filing (as well as a smaller fee). 

• Ancillary Probate: This is a special circumstances type of probate. If the decedent owns property in the state of Maryland but is a resident of a different state, ancillary probate allows the Maryland-specific property to be probated independent of the rest of their estate. 

If you have questions about the types of probate or which type of probate is relevant to the estate of your loved one, it is important to engage trusted legal counsel so that you understand how best to proceed given the specifics of your circumstances. 

Understanding The Probate Process In Maryland

As you have already seen, there is no single approach to probate. Every estate is different and has different needs, so there will be some steps in the probate process that are relevant to some estates but not others. 

That being said, there are some steps to the probate process that you can generally expect. Below is an outline of how probate is typically conducted. Note that if you are going through with regular formal probate, the process can take up to a year, but smaller estates will usually take less time.

Some steps that you can expect with probate include but are not necessarily limited to:

1. Probate is opened when a petition is filed to open the estate along with the death certificate and Will with a notice to the court in which the death certificate is filed with the Register of Wills
2. The will, if there is one, is also filed with the Register of Wills
3. File petition to probate the estate
4. Appoint an executor of the estate (also known as a personal representative)
5. Determine the size of the estate by valuing the assets
6. File a list of Interested Persons within 20 days of opening the estate
7. File an inventory of all the assets of the estate within three months
8. File a first account of the estate, which will include information such as activity involving the assets
9. Any creditors or other Interested Persons may file a claim against the estate
10.  Continue filing ongoing records of the estate’s assets
11. Complete and file an accounting of the estate 
12.  Distribute the assets of the estate
13.  Close probate

To reiterate, this is a very abbreviated view of probate and there will likely be different requirements for different estates. Since any issues with probate can mean that the process is slowed or that costs are incurred, it’s important that no mistakes are made throughout the proceedings, which is where a probate lawyer comes in handy.

Z Family Law Can Help You Through The Probate Process

If you are grieving a loved one, it is very unlikely that you want the responsibility of overseeing a complex legal procedure. Now is the time for you to celebrate your passed on loved one and cherish their memory with the people who mean the most to you. At Z Family Law, we want to give you the time you need without the stress of having to deal with these legal processes. Reach out to us to learn more about how we can help you through probate and avoid any costly mistakes. Schedule a free case evaluation with us and we will get started ushering you through the initial steps.