Gaithersburg, MD Probate Lawyers
Gaithersburg, MD Probate Lawyers
If you have come across this page because you have recently lost a loved one and need to find information about probating their estate, let us first say that our hearts go out to you. It is never easy to lose a loved one, and facing the prospect of a complex legal process immediately following a loss is stressful and unfair.
The Gaithersburg probate lawyers of Z Family Law understand that experience and compassion go hand-in-hand when it comes to practicing law. We help guide you through every aspect of the probate process, relieving you of tedious responsibilities such as filing paperwork and communicating with the court. Probate is not a simple process, but we take as much burden off your shoulders as possible so you can focus on celebrating the life and legacy of your loved one.
Reach out to us to schedule a free estate evaluation and learn more about how we can ease you through probate.
What You Need to Know About Probate
Probate is the legal process by which a person’s will is validated by the court and their estate assessed and distributed to debtors and beneficiaries. If your loved one did not leave behind a will, their estate must still go through probate, but it will be distributed according to state law rather than according to their specified wishes.
If your loved one left behind a will, it also specifies the person they wish to serve as their executor. In the absence of a will, the court will appoint an executor, who will be responsible for steps such as:
- Opening probate
- Contacting debtors and beneficiaries
- Valuing assets
- Filling out paperwork
- Filing petitions
- Contacting creditors
- Paying off debts
- Paying taxes
- Upkeep of the estate
- Distributing assets
You might be curious about whether you have the option to bypass probate for your loved one. Some people are under the mistaken assumption that a will is enough to bypass probate, which is not the case. There are some assets, such as certain retirement accounts or life insurance policies, that can be exempt from probate, and there are some circumstances in which you can qualify for small estate probate, which is a quicker version with less strenuous requirements.
Small estate probate is one option for people who are probating an estate that is worth less than $50,000. There are other types of probate that depend on the size of the estate being probated, which is why it’s essential to speak with our Gaithersburg probate lawyers about your options.
How Our Gaithersburg Probate Lawyers Can Help You Through the Probate Process
When you are the executor of an estate, you take on a lot of risk. If you do not know what you are doing or you overlook details, you expose yourself to the potential of:
- Costing the estate more money
- Costing yourself money
- Adding more time to the probate process
- Adding more paperwork to the process
- Causing strife among the beneficiaries
- Opening yourself up to litigation
- Having yourself removed as executor
To ensure the process goes smoothly, we will work with you to oversee every detail. With professional guidance, you can avoid consequences and challenges to the estate so that you can focus on closing probate quickly and moving forward with peace of mind.
Z Family Law Can Help You Through the Probate Process
When you want the time and space to honor and grieve your loved one, having legal counsel to guide you through probate can help take a huge weight off your shoulders. The lawyers of Z Family Law are dedicated to compassionate legal care, which is why we encourage you to reach out today for a free estate evaluation to get started.
Frequently Asked Questions
What assets do not have to go through probate?
Most assets have to go through probate, but there are some that do not. Assets that are secured in trusts go directly to beneficiaries, for example. Also, jointly owned assets do not have to go through probate.
How are assets distributed if there is not a will?
If you die intestate, your assets are distributed according to the state of Maryland’s laws. Generally, your next of kin, be it your spouse, children, or parents will be the ones entitled to your assets.
I was named executor in a will. Am I legally obligated to serve?
No, if you do not want to serve as an executor, you are not obligated to do so. If you decline to serve, the court will appoint someone else.