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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.
A Personal Representative must be appointed by the Register of Wills or the Orphans' Court before disposing of any assets. When appointed, Letters of Administration will be issued to the Personal Representative. Forms and procedures herein are mandated by Maryland Code and Maryland Rules.
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.
Length of Probate Process in Maryland The administration of an estate often takes approximately one year. This includes marshaling all of the assets, valuing the assets as of the date of death and then making the distribution.
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.
Does the property of everyone who dies end up in probate? 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.
The Maryland Inheritance Tax applies to all beneficiaries unless they have a specific exemption from the tax. A decedent's spouse, child, stepchild, grandchild, step-grandchild, parent, grandparent or sibling are exempt from paying Maryland Inheritance Tax.
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.