Frequently Asked Questions About the Maryland Probate Process
Probate is the judicial process of distributing a person’s assets to heirs. If the person had a Will, the property is distributed according to the Will. However, when a person dies without a will, the Maryland intestate laws determine who receives the person’s property.
Below are frequently asked questions about the Maryland probate process answered by our Maryland estate planning lawyer.
When Does a Probate Estate Need to be Opened?
A probate estate must be opened if the person owned any property of any kind either in the deceased’s name or jointly titled (without right of survivorship) with another person. The probate estate consists of all property the person owned or had an interest in at the time of their death.
Where Do I Open a Probate Estate?
You open the probate estate in the county where the person was living when they died. The forms to open the estate are filed with the Register of Wills office.
Forms you need to open a probate estate include:
● Deceased’s Last Will and Testament
● Death Certificate
● Funeral bill or contract
● The approximate value of the deceased’s assets in their name alone
● Title to any motor vehicles the deceased owned when they died
● Names and addresses of heirs or interested persons
● Applicable filing fee
In addition to the above documents, you would need the documents for a Small Estate or Regular Estate. Again, you can speak with our probate attorney or probate deputy to ensure you have all the necessary forms before you go to the office for your meeting.
Is Probate Required for Small Estates?
Yes, you must probate an estate when the value of the estate assets exceeds the debts owed by the deceased. However, you may choose to file a Small Estate when the deceased’s assets are less than $50,000 or $100,000 if the spouse is the sole heir.
What Happens if All Property Owned by the Deceased Was Jointly Titled?
You must still open an estate to probate the deceased’s interest in the jointly titled property if there is no right of survivorship (i.e., joint tenancy with right of survivorship or tenancy by the entirety). In addition, there may be an inheritance tax owed on the jointly held property if the joint tenant is not a family member. You can contact our office or the Register of Wills Office to determine your next steps regarding taxes and jointly owned property.
What Fees Do I Need to Pay to Probate an Estate in Maryland?
There is a probate fee due to the court based on the value of the probate estate.
For example, if the value of a regular probate estate is at least $50,000 but less than $75,000, the probate fee is $200. Probate fees for estates worth $2 million to $5 million are $2,500. For probate estates valued at over $5 million, the fee is $2,500 plus 0.2% of the amount greater than $5 million.
There are also fees on small estates and miscellaneous court fees.
Who Administers the Probate Estate?
A personal representative is appointed by the court to manage the probate estate. A person may nominate an individual to serve as a personal representative by including the nomination in their Will. However, the person must still petition the court for an appointment.
If there is no Will, the estate code contains a list of people with priority to serve as the personal representative.
What Does a Personal Representative Do?
The personal representative has numerous tasks and responsibilities. Generally, the personal representative is responsible for security, inventorying, and valuing the deceased’s property.
The personal representative is also responsible for notifying creditors and heirs of the estate, paying the deceased’s bills from estate assets, and distributing assets to the heirs. In addition, the personal representative must complete and file numerous probate forms and tax returns for the estate, if required.
Is There a Deadline for Filing Claims Against the Estate?
Yes, creditors have six months from the deceased’s date of death to file claims with the estate. The probate court provides claims forms. The filing fee for a creditor’s claim is $3 per claim.
Can a Personal Representative Hire a Lawyer?
Yes, the personal representative may seek legal advice and hire a probate attorney to help administer the estate. The attorney can complete all paperwork, monitor deadlines, and represent the personal representative if someone sues the estate.
Creditors, heirs, and other interested parties may also seek legal advice and hire a lawyer to represent them regarding a probate matter.
Contact Our Maryland Estate Planning Lawyer for More Information
Contact our office to speak with a lawyer if you are serving as a personal representative or have questions about the Maryland probate process. Estate planning is an essential step that everyone should take to protect themselves, their family, and their assets. Maryland estate planning attorney, Steve Thienel can help you develop an estate plan that meets your goals and needs
