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).
Property outside of probate include assets like a family home that is owned as Joint Tenants because the surviving joint tenant becomes the owner of the property. Another example is Tenancy by the Entirety where assets are owned by a married couple. Beneficiary Designations on assets is yet another example.
Steps to Administering an Estate in Maryland Determine whether You are the Personal Representative. Petition to Probate the Estate. Make an Inventory of the Estate. Assess any projected Inheritance Taxes. Consolidate the Estate and Manage Expenses. Prepare the Estate for Distribution and File an Accounting.
Do we need to go through probate if there is a valid & non-contested will? Even if there is a valid will that's not contested, it still needs to go through the probate process.
How to Avoid Probate in Maryland: Strategies to Simplify the... Create a Revocable Living Trust. Utilize Joint Ownership with Right of Survivorship. Designate Beneficiaries on Accounts and Policies. Gift Assets Before Death. Establish a Small Estate. Use Maryland's Simplified Probate Options.
If the probate assets in Maryland have a value in excess of $50,000 (or $100,000 if the spouse is the sole legatee or heir) the estate shall be opened as a regular estate. To establish the value of an estate, include only assets held in the name of a decedent alone and/or an interest held as tenants in common.
Within 12 Months from the date of appointment of the personal representative, final distribution of the estate shall be made. Final distribution may be made later if the personal representative has obtained extensions to the filing of the Final Report.
Generally, if an individual dies with assets in his or her sole name, probate will be required.