Maryland Sample Letter Stating Interest Statutes
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How to fill out Sample Letter Stating Interest Statutes?
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FAQ
If only the spouse survives, he/she is entitled to 1/2 of the decedent's augmented estate. Maryland has greatly expanded the types of assets to include when calculating the augmented estate. This broadening of the law is beneficial because the electing spouse may be entitled to receive more assets than before.
To get letters of administration, you will need to submit your application to the probate courts. You will need to obtain a copy of the decedent's death certificate from the funeral home. It's best to request extra copies. However, you should submit the original copy with your application if possible.
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.
Interested persons include decedent's heirs (surviving spouse, children, and other persons who would inherit if there were no will) and, if decedent died with a will, the personal representative named in the will and all legatees (persons who inherit under the will).
A ?Living? or Revocable Trust A revocable living trust is a common method many people use to avoid probate in Maryland and in other states. The ?living? part means that it needs to be established while you are alive and that you have control over your assets during your life.
Ideally, you should be able to close the estate within 13 months of the decedent's death. However, depending on the size and complexity of the estate, it may take longer. In any case, it's important to keep meticulous records throughout the process to prove to the court that you've fulfilled all your fiduciary duties.
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. However, although the Will and/or Codicil are kept on file, no probate proceedings are required to be opened.
Generally, the Intestacy statutes provide for property to be distributed to a decedent's closest living relatives, i.e., to a surviving spouse and children, if there are any; to children in equal shares if there is no surviving spouse; to parents if there are no spouse and children; and so on to more distant relatives.