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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.
The duration of this process can range from a few weeks to several months, depending on the size and complexity of the estate. In Maryland, the executor is generally given three months from the date of their appointment to submit this inventory to the court.
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 Will and/or Codicil, a regular estate may be closed after the time for challenging the Will and/or Codicil(s) expires (six month from the appointment of the Personal Representative). Many regular estates are closed and final distributions made within one year of death.
This is done by filing a ?Petition for Declaration of Completion of Administration? along with any supporting documentation. The court will review your petition and, if everything ticks, will issue an Order Closing Estate. With this order, you can distribute any remaining assets to the rightful heirs and beneficiaries.
Children in Maryland Inheritance Law Intestate Succession: Spouses and ChildrenInheritance SituationWho Inherits Your PropertyChildren but no spouse? Children inherit everythingSpouse but no children or parents? Spouse inherits everythingSpouse and children who are minors? Spouse inherits half ? Children inherit half2 more rows ?
Seeking Legal Recourse If you believe that the executor is not living up to their duties, you have two legal options: petition the court or file a civil lawsuit.
Generally, beneficiaries have to wait a certain amount of time, say at least six months. That time is used to allow creditors to come forward and to pay them off with the estate assets. (In some cases, an executor may make partial distributions to the heirs after he or she estimates the debts.