Probate Administration in Maryland
Probate administration is the legal process Maryland uses to distribute assets, including real estate, to a deceased person’s heirs. Probate laws ensure that the personal representative correctly distributes the deceased’s assets to creditors, heirs, and the state.
The process can be long and expensive depending on several variables, but an experienced estate planning attorney at Chesapeake Wills and Trusts can help you through the process. In addition, several estate planning techniques can reduce the overall value of the assets subject to probate and streamline probate administration.
Initiating Administrative Probate and Judicial Probate
Maryland has two basic types of probate: administrative and judicial.
Administrative probate begins when an estate planning attorney files a petition for probate on behalf of the personal representative named in the decedent’s will. If the decedent did not have a will, the attorney must file for the appointment of a personal representative.
A judicial probate proceeding only occurs when administrative probate is unavailable for any of the following reasons:
- The authenticity of the will is in dispute
- The will is damaged
- Multiple people apply as personal representative
Regardless of the type of probate initiated, a personal representative is appointed and provides a probate bond to insure against errors in the distribution of assets or fraud.
Three Types of Probate Estates
Maryland law has three types of probate administration for estates:
- Small estate administration applies to estates whose probate value is equal to or less than $50,000 with multiple heirs or $100,000 if the only heir is the decedent’s spouse.
- Modified administration allows the personal representative to file a final report instead of an account or an inventory of assets.
- Regular estate applies to a descendant’s estate that exceeds the values allowed in small estate administration.
If you need help in advanced estate planning or probate administration, our team of experienced probate administration attorneys at Chesapeake Wills and Trusts can help.
How An Estate Planning Attorney Can Assist in Probate Proceedings
The experienced estate planning lawyers at Chesapeake Wills and Trusts have over two decades of experience helping families through the probate process. We can help you create a comprehensive estate plan to limit the assets subject to probate by jointly titling assets and using trusts. Reducing the value of the probate estate will reduce the probate fees associated with your estate.
Our team will handle every facet of the legal process required in a probate proceeding, including the following:
- Initiating administrative probate
- Creating a notice of appointment
- Listing interested persons
- Assisting in creating required reports, accounting, or inventory
Probate administration can be time-consuming without an experienced estate planning attorney to assist you. A Chesapeake Wills and Trusts estate planning lawyer is available to discuss your estate planning needs.
Contact an Experienced Estate Planning Attorney in Maryland
Probate administration is a complex legal process in Maryland. An experienced estate planning lawyer can minimize delays and expenses during the probate proceedings.
Our estate planning team members have over two decades of experience and will be with your every step of the way. Call our Glen Burnie, Maryland office at 443-249-7185 and schedule a 15-minute introductory call with an estate planning team attorney.