Best Probate Lawyers in Maryland

About Probate Law in Maryland, United States

Probate in Maryland is the legal process through which a deceased person's estate is administered, debts are paid, and assets are distributed according to the will or, if there is no will, under state intestacy laws. The process is supervised by the Orphans' Court in the county where the decedent resided. Probate ensures that the decedent's affairs are settled in an orderly manner under the law and that the rights of heirs, beneficiaries, and creditors are protected.

Why You May Need a Lawyer

While it is possible to navigate probate proceedings without an attorney, many individuals find the process complex and overwhelming. Common scenarios where legal help may be needed include:

• The estate is large or contains complex assets like businesses, out-of-state property, or multiple investments.
• A will is contested, or there are disputes among heirs or beneficiaries.
• Questions arise regarding estate debts, taxes, or creditor claims.
• There is no will, and intestacy laws must be followed.
• The executor or personal representative faces uncertainty about their legal responsibilities.
• The estate involves guardianship of minors or incapacitated individuals.

Legal guidance can help minimize mistakes, reduce family conflict, and ensure proper compliance with state law.

Local Laws Overview

Maryland probate is primarily governed by the Estates and Trusts Article of the Maryland Annotated Code. Here are key aspects unique to Maryland:

• Probate must generally be initiated in the county where the decedent lived at the time of death.
• The Orphans' Court oversees most probate processes, with the Register of Wills handling administrative aspects.
• Small estate proceedings are available for estates valued at $50,000 or less (or $100,000 if the spouse is the sole heir).
• Maryland imposes inheritance tax on certain transfers to remote beneficiaries, but close relatives like spouses, children, and siblings are usually exempt.
• Maryland does not have a state estate tax for individuals dying before January 1, 2019, whose estates are valued below the state threshold.
• The state requires notice to creditors, inventory filings, and accountings during probate.
• Even if a will exists, it must be filed with the Register of Wills and admitted to probate before asset distribution.

Frequently Asked Questions

What is probate and when is it required in Maryland?

Probate is the court-supervised process of settling a deceased person's estate. In Maryland, probate is required when a person dies owning assets in their name alone that need to be transferred to heirs or beneficiaries.

How do I start probate proceedings in Maryland?

The personal representative or executor files a petition with the Register of Wills in the county where the decedent lived, submitting the death certificate and will (if available).

How long does the Maryland probate process take?

The process can take several months up to more than a year, depending on the complexity of the estate and whether disputes or challenges arise.

What assets go through probate in Maryland?

Assets held solely in the decedent's name are subject to probate. Jointly owned property, accounts with designated beneficiaries, and assets in trusts typically avoid probate.

What is a small estate in Maryland?

If an estate is valued at $50,000 or less ($100,000 if a surviving spouse is the sole heir), it may qualify for a simplified small estate procedure.

Who pays the debts and taxes of the estate?

The personal representative is responsible for paying valid debts and taxes from the estate funds before distributing assets to beneficiaries.

Will Maryland inheritance or estate taxes apply?

Maryland imposes an inheritance tax on some transfers to non-immediate family, but close relatives are typically exempt. State estate tax generally applies only to larger estates. Federal estate tax may also apply to very large estates.

Can a will be contested in Maryland?

Yes, interested parties can challenge a will based on reasons like lack of capacity, undue influence, or improper execution. The Orphans' Court settles such disputes.

What happens if there is no will?

If there is no will, Maryland's intestacy laws determine who inherits the property. The closest relatives, such as spouses, children, parents, or siblings, will usually inherit the estate.

Do I need a lawyer for probate in Maryland?

It is not mandatory, but legal help is highly recommended in cases involving large or complex estates, disputes, or when the personal representative is unfamiliar with probate requirements.

Additional Resources

• Register of Wills Offices in each Maryland county
• Maryland Orphans' Court
• Maryland State Bar Association (offers lawyer referral services)
• Maryland Courts Self-Help Centers
• Maryland Office of the Attorney General - Estates and Trusts Division
• Maryland People's Law Library (public information and guides)

Next Steps

If you believe you need legal assistance with a probate matter in Maryland, consider the following steps:

• Collect and organize all available documents, including the decedent's will, asset lists, and debts.
• Contact the Register of Wills in the appropriate county to understand local requirements.
• Consult with a qualified probate attorney who is familiar with Maryland laws and procedures. Many attorneys offer initial consultations to evaluate your situation.
• Prepare questions ahead of time to discuss fees, process steps, timelines, and expected outcomes.
• Take timely action to avoid delays or legal complications, especially where deadlines apply for creditor notifications or filings.

Seeking guidance early can protect your interests, reduce stress, and help ensure the probate process is handled correctly in Maryland.