When a loved one passes away, the surviving family may feel overwhelmed by the combination of their emotions and the need to handle the individual’s estate. In many cases, the individual chosen to administer the estate may have to undergo probate. The family must assess their knowledge of the individual’s estate plan as soon as a loved one passes. Did they have a will? Did they name someone to be the administrator of the estate? With the help of an experienced estate planning and administration attorney at JDKatz, many of these questions can be answered, including whether the estate must go through probate. Contact our firm today for skilled and compassionate legal representation for Maryland estate administration matters.
What Is Probate?
In Maryland, probate matters are handled in Orphans’ Court. The purpose of the probate process is to prove that the will is valid. In Maryland, not all issues have to go through probate. According to the Maryland Orphans’ Court, the decedent’s property must go through probate only if it was in his or her name. If a survivor jointly owns the property, that individual will receive the property and avoid the probate process. It is also important to note that in Maryland, if a person has a will at the time of their death but there aren’t any assets solely in their name, the will does not have to go to probate. The estate executor must submit the most recent version of the decedent’s will to start the probate process.
Simplified Probate Proceedings
The State of Maryland allows certain probate proceedings to take a more simplified route. This process is notoriously complex, so many grieving families welcome a simpler process. If the assets required to go through probate are valued at less than $30,000, the estate may be considered a “small estate.” These estates can typically be closed within two months because no inventory has to be filed, and the Orphans’ Court does not need to approve Administration Accounts.
The “small estate” option is also available to surviving spouses receiving assets worth less than $50,000. There is a second option known as the “Modified Estate Administration” procedure, which does not require the Orphans’ Court to get involved and can even close the estate within ten months. If you have questions about whether an estate may benefit from either of these options, contact JDKatz today.
The Probate Process
The probate process can be lengthy and complex, as several steps must be taken to complete these proceedings. The steps that must be taken are as follows:
- The will must be filed in the Register of Wills, where the decedent lived at their death. This must occur even if the will does not have to go through probate.
- The estate’s personal representative must file a petition for probate and other necessary forms at the Register of Wills.
- The personal representative must create an account of all assets, locate the beneficiaries, identify any remaining creditors of the decedent, pay outstanding debts, court fees, and taxes, and distribute the assets to all beneficiaries.
- Close the estate by filing a Certificate of Compliance.
Why You Need Legal Support
Navigating the probate process can be overwhelming, especially for those who are grieving the loss of a loved one. Having an experienced attorney by your side can significantly affect how smoothly the process unfolds. JDKatz’s team understands the emotional weight of these matters and is committed to providing personalized, empathetic guidance throughout each step. We offer comprehensive support, ensuring you understand each phase, from filing the necessary documents to final asset distribution. Our firm protects your loved one’s wishes while easing your burden during this difficult time. Working with our team ensures that everything is noticed and all legal requirements are met, giving you the peace of mind you deserve. Your loved one’s legacy deserves to be honored appropriately, and we are here to ensure that happens. Let us guide you through this challenging time with care and expertise.
Contact Our Firm
If you have been appointed the personal representative of an individual’s estate and have questions about the probate process, contact JDKatz today to get started. Our firm will guide you through each step of the proceedings to ensure all matters are handled.