Potomac, MD Probate Lawyers
Potomac, MD Probate Lawyers
If you are visiting us because you have recently lost a loved one and are now facing the process of probate, our hearts go out to you. Grief is not an easy experience to navigate. When you layer on a stressful and complex legal process like probate, it can seem overwhelming or even impossible.
Our compassionate Potomac probate lawyers at Z Family Law believe that you need the room to grieve and cherish the life of your loved one. We offer our experience handling the legal specifics of probate so you can proceed with the assurance that everything will go as smoothly as possible and will be handled correctly. Reach out to schedule a free case evaluation with us and learn how we can usher you through the probate process and take months worth of stress off your shoulders.
What Is Probate And What Are The Steps?
Probate is the process by which the estate of a deceased person is valuated and distributed to the beneficiaries. If there is a will, it is submitted to the court for validation and the assets are distributed accordingly. If the deceased did not leave behind a will, their assets will be distributed according to state law.
Some people believe that the presence of a will means that the estate does not have to go through probate, which is not the case. There are some assets that are exempt from probate, including all assets that are secured in trusts, but generally probate is a necessary step.
However, not all estates go through the same type of probate–for example, your probate experience will depend largely on factors such as the value of the assets of the estate and whether or not there is a valid will. Though probate does not always involve all of the same steps, there are a few steps that are likely to occur, so here is a quick rundown of some of what you can expect:
- The will and death certificate are filed with the Register of Wills
- An executor of the estate is appointed
- The assets are valuated
- Interested Persons are notified, including beneficiaries and creditors
- Creditors are able to make a claim against the estate
- The assets are distributed to beneficiaries
- Probate is closed
To reiterate, there might be more or fewer steps depending on the estate. Our Potomac probate lawyers can work with you through each step and ensure that there are no mistakes or oversights.
How Can Potomac Probate Lawyers Help Me?
Probate is a complicated process that can take a long time–in some cases, a year or more. There are many requirements, such as valuating the assets and filing petitions and forms, that take a lot of attention to detail.
There are many potential pitfalls with probate, and making an error while administering the estate can mean incurring associated costs, adding more time to an already lengthy process, and opening yourself up to litigation from other people who are involved with the estate.
The lawyers of Z Family Law will ensure that there are no mistakes and that the probate process is as timely and inexpensive as possible. We will also make sure that the estate is administered correctly in accordance with the will and the law to reduce the chances of infighting between beneficiaries.
Z Family Law Can Help You Through The Probate Process
Z Family Law understands that you are in a difficult place. You need time to grieve your loved one, which means that your state of mind might not be the best to oversee an intensive and lengthy legal process like probate. Let us take the burden off your shoulders. Reach out to schedule a free case evaluation and learn how we can help you handle this legal process so you can take the time and emotional space you need to honor your loved one.
Frequently Asked Questions
What if my loved one did not leave a will behind?
Those who die without a will are said to have died “intestate.” In the absence of a will, the estate will be administered according to Maryland intestate succession law.
Who can be executor of the estate?
Typically, the executor (otherwise known as a “personal representative”) of the estate will be named in the will, if one exists. If an executor has not been specifically appointed, anyone over the age of 18 of sound mind can serve as executor in Maryland, with a few exceptions:
- They cannot be a full-time judge, clerk, or register of any U.S. court. The exception is if they are the surviving spouse or within three degrees of kinship from the deceased.
- They have not been convicted of a serious crime, or convicted of murder.
Am I responsible for my loved one’s debts?
No. If your family member dies, their estate is responsible for paying off existing debts.