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In Maryland, when a person dies and they own any assets in their name, those assets would have to go through the probate process.
No. The only time the property of a person who passes away goes through the probate process is if the decedent held property just in his or her name alone.
If there is a surviving spouse and the net value is under $100,000 a small estate is necessary. If the net value is over $50,000 and there is no surviving spouse, a regular estate is necessary.
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.
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.
Examples of assets that are subject to probate include: Real estate owned solely by the decedent or as a tenant in common. Personal property, such as vehicles, furniture, and collectibles. Bank accounts held solely in the decedent's name. Stocks, bonds, and other investments held in the decedent's name only.
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.
(1) A claimant may make a claim against the estate, within the time allowed for presenting claims, (A) by serving it on the personal representative, (B) by filing it with the register and serving a copy on the personal representative, or (C) by filing suit.