The process of distributing property under your Will is accomplished with a court proceeding referred to as “probate.” The probate process involves the Court appointing an executor (the “Personal Representative”), who is a person responsible for locating property, paying final debts and taxes, and distributing property ...
First and foremost, there are a number of asset types that typically do not pass through probate. This includes life insurance policies, bank accounts, and investment or retirement accounts that require you to name a beneficiary.
A probate attorney can help you determine if the estate needs to go through the probate process. Regular Estate - property of the decedent subject to administration in Maryland is es- tablished to have a value in excess of $50,000 (in excess of $100,000 if spouse is sole heir).
One of the most effective strategies to bypass Maryland probate is establishing a Revocable Living Trust. This flexible tool allows you to retain control over your assets during your lifetime, with the ability to alter or dissolve the trust as your circumstances or wishes change.
Property held as “payable on death” will pass to the designated beneficiaries. Assets that are held in a revocable or irrevocable trust will pass to the beneficiaries named under the trust instrument without going through probate (unless the trust terminates and provides the assets are to be distributed to the estate).
In order to obtain Letters of Administration, you must first submit the following documents to the probate courts: The person's death certificate. Will (if available) Probate court petition. A brief statement of the person's assets. List of interested persons. A bond to serve as personal representative.
If the assets were held jointly, they would most likely automatically pass to the surviving owner. But if there were assets solely in the decedent's name, those assets would have to go through the probate process in order to be distributed to either the spouse or the children of the decedent.
First Account-WITHIN NINE MONTHS from the date of appointment, the First Account must be filed. The Account must include the inventoried assets and all activity of the administration.
Maryland Law requires that any one holding an original Will and/or Codicil(s) must file that document with the Register of Wills promptly after a decedent's death even if there are no assets.