Probate

Probate is a term that refers to the administration of the estate of a decedent pursuant to the requirements of law. The decedent’s probate estate includes all property titled in the sole name of the decedent at date of death. The probate process in Maryland is initiated by the filing of the decedent’s will (if one exists) and a Petition for Probate with the Register of Wills office in the county where the decedent resided at the time of his or her death.

The Petition for Probate includes a request for the appointment of a Personal Representative to handle the administration of the decedent’s estate. Maryland law provides priorities for the appointment of Personal Representatives, and the first priority is the Personal Representative named in the decedent’s will. If the decedent did not have a will, priority of appointment is given to the surviving spouse and children of the decedent. The duties and responsibilities of the Personal Representative include taking possession of all the assets of the estate, paying all creditors who file timely claims, filing an inventory of the assets of the estate, and filing a detailed accounting showing the value of all the assets and all the income of the estate, all of the expenses of the estate, and listing the distribution of the assets to those persons named in the will, or otherwise entitled to inherit, and setting forth the inheritance taxes to be paid, if any.

The probate process is complex and many Personal Representatives hire an attorney to assist them with the administration of an estate. Over the years, I have handled numerous probate matters and am familiar with the law and procedure involved in the probate process. Call my office for a consultation when you need assistance with probate.