by Arden Law Firm’s experienced & licensed attorney(s). Our lawyers are licensed in Maryland only.
Looking for planning assistance instead? See our wills/trusts page.
Contact our firm by phone at 410-216-7000 or fill out a consultation request form to set up an estate planning meeting or get more information.
The following types of estates are applicable in Maryland:
Will of No Estate (when the Deceased left all property outside of probate)
Small Estate (when the total value of all probate assets is less than $50,000)
Regular Estate
Modified Administration (when the Personal Representative and heirs all agree to a streamlined process)
Ancillary Proceedings (when an estate is opened somewhere other than Maryland and only limited work is needed in this state)
Before an estate can be opened, you’ll need to gather a few important documents.
First, you’ll need the Death Certificates Generally the funeral home will order Death Certificates. If a funeral home did not assist or additional death certificates are required, they can be ordered from Vital Records.
If you’re aware of a Will, try to locate that.
You’ll also need to gather addresses for close relatives and others named in the Will.
NOTE: In most cases, family does NOT need to notify Social Security Administration of a death - they will be automatically notified in most situations by the filing of a death certificate.
Every Probate proceeding in Maryland starts with a Petition to the Court. Depending on the type of estate proceeding (Small or Regular) there will be different Schedules.
Some type of “BOND” is required under Maryland law for most esates. This is basically a bonding company’s assurance that the Personal Representative will faithfully carry out their duties (and not run away with the estate assets). If the Will properly waived bond, or if proper consents are obtained from all heirs, the Court will accept a smaller amount, called a “nominal bond”. Otherwise, the bond Will cover the entire probate estate.
(When an attorney is assisting with an estate they should both draft the neessary papers and contact the bonding company to obtain bond on the Personal Representative’s behalf)
The estate is “opened” by fiing all requisite paperwork with the Court where the Deceased person is located (in Maryland, the Register of Wills / Orphan’s Court). Once this is done, the Court will issue “Letters of Administration"
Notice in a specified format must be published in a newspaper for 3 successive weeks.
In most estates, a separate taxpyer identification number (EIN) will be needed for the Estate.
Once the estate has been opened, all interested persons will receive notice. Additionally, known creditors will receive notice. The Personal Representative has an obligation to Inventory all assets.
The Personal Representative can usually begin liquiating assets immediately after appointment by the Court (for example, marketing real estate or selling cars that were in the deceased person’s name). However, in most cases the Personal Representative cannot DISBURSE these assets to heirs until the requisite time frame for claims has passed (6 months).
Caution should be taken in paying bills — the law has a specific order of priority for paying the debts of a deceased person.
Before the estate is distributed to heirs, a formal “ACCOUNTING” is filed with the Court. In some cases, it is necessary to document and file Agreements of Heirs if the distribution is not exactly according to the Will or laws of intestate succession.
We offer DIY help / consultations for Personal Representatives wishing to handle the estate on their own with a bit of legal guidance but without an attorney entering a full appearance.
$0 - Free
No Cost 5-10 Min Phone Call
or email exchange with Attorney.
$300
Private consultation (1 - 1.5 hours) with experienced Managing Attorney. In Person, Virtual or Over the Phone.
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