Probate is the legal process of administering a deceased person’s estate. In Maryland, each county has an Orphans’ court that supervises probate to ensure that all valid claims and taxes are paid and to ensure that timely distribution of the assets is made to the beneficiaries named in the Will or to the heirs at law. A Personal Representative is appointed by the court to handle the administration of the probate. The Personal Representative is responsible for collecting and appraising the assets of the estate; filing an Inventory with the court; paying claims, taxes, and expenses of administration; filing interim Accounts; and distributing the assets to the designated beneficiaries or heirs. As this is often a difficult time for family members, we can assist the named Personal Representative with all those duties. Please contact us should you need assistance with any of the following:
Small Estate Administration
A small estate is an estate with a total value of $50,000 or less ($100,000 or less if the sole heir or legatee is the surviving spouse). There are fewer filing requirements in a small estate administration and oftentimes the estate can be closed quickly.
Regular Estate Administration
Regular Estate Administration deals with estates that are too large to qualify as a small estate. In this case, the Personal Representative, must file a formal Inventory of the assets as of the date of death and follow-up Accounts every six (6) months until final distribution of all estate assets.
Modified Administration
Finally, there is Modified Administration, which may be elected within three months of the opening of a regular estate. In order to qualify for modified administration, all the residuary beneficiaries – those persons named in the decedent’s Will or a person’s heirs, must be either the Personal Representative, surviving spouse, or children. Modified Administration is a much quicker option, but if any deadline is missed, the Estate will revert to a regular estate administration.
Judicial probate
Instead of being performed by the Register of Wills as in most cases, Judicial Probate is litigated before the Orphan’s Court in cases where administrative probate is barred.