Maryland Sample Letter for Estate Probate Proceedings
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FAQ
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.
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.
What are Letters of Administration in Maryland? Obtaining Letters of Administration grants the personal representative the authority to handle the deceased person's assets, pay off their debts, address any tax liability, and distribute their remaining assets to the rightful heirs.
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.
Video Transcription: In Maryland, when a person dies and they own any assets in their name, those assets would have to go through the probate process. The person who's named in the will as the personal representative would have to open an estate with the court.
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.
Assets that do not go through probate in Maryland include those with beneficiary designations, transfer-on-death (TOD) or payable-on-death (POD) provisions, and assets held in joint ownership. Examples of these assets are: Life insurance policies with named beneficiaries.
