Probate

Probate is the process where your will is proved to be valid by a court. In Maryland the court in charge of probate is the Orphans’ Court. During the probate process, someone is placed in charge of administering the estate and making sure the property goes to the right people. If the person was named in a will, the person is called the personal representative. If there is no will or no personal representative named, the court appoints an administrator to the role. The personal representative or administrator must collect assets and create an inventory, notify creditors, pay debts owed by the estate, and distribute property to the proper beneficiaries.

Probate has a bad reputation but the process in Maryland is relatively straightforward.

Personal representatives are entitled to a fee, but this is often waived when the personal representative is a family member receiving property from the estate.

Probate has a bad reputation but the process in Maryland is relatively straightforward. There is a streamlined process for small estates ($50,000 or less in assets subject to administration, $100,000 if the spouse to the sole heir) and a modified administration if the heirs are limited to certain close family members and the estate has enough money to pay its debts. The Register of Wills has a helpful guide on the administration process as well as all the necessary forms.

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Montefusco Estate Planning, LLC
8133 Runnymeade Dr Frederick, Maryland 21702
Phone: 240-415-8323 URL of Map