You may have lost a parent, and they were living in a house. Losing a parent or a spouse is hard enough without a court process and legal fees layered on top of it. Someone might have mentioned you need a PROBATE attorney. If you are searching for a probate lawyer in Maryland, here is a plain description of what probate actually involves and where an attorney makes the biggest difference.

Where Maryland probate happens

  • Estate planning attorney Montgomery County MD First thing you must report where the person lived. Estates are opened with the Register of Wills in the county where the person lived. For Bethesda and Montgomery County families, that is the office in Rockville, Maryland. 
  • The Orphans' Court provides judicial oversight and hears contested matters.
  • Maryland recognizes two tracks when it comes to estates.  A small estate is available when gross probate assets are $50,000 or less, or $100,000 or less when the surviving spouse is the only heir or legatee. Anything above that is a regular estate Probate lawyer Maryland.

The deadlines that may catch you off guard.  Your probate attorney will walk you through these processes. This process can get confusing for many which it is good to have an experienced probate attorney. 

  • A notice of appointment and notice to creditors must be published in an approved newspaper.
  • Creditors generally have six months from the date of death to present claims.
  • The inventory of estate assets is due within three months of the personal representative's appointment.
  • The first account is due within nine months of appointment.
  • Probate fees are set by statute and scale with the value of the estate. Personal representative commissions are capped as well.

Missing a filing does not end the estate, but it does invite letters from the court, delay distributions, and in some cases create personal exposure for the personal representative.

What does not go through probate?

Many families are relieved to learn how much passes outside the process:

  • Accounts held jointly.
  • Payable on death and transfer on death registrations.
  • Retirement accounts and life insurance with a living named beneficiary.
  • Assets already titled in a revocable trust.  If there is no estate plan, you may not have this. 

Sorting probate assets from everything else in the first two weeks tells you whether you are facing a full administration or something far smaller. Again, a caring and informed attorney can help you through the process. 

The Maryland tax problem

It's good to know that Maryland is the only state that imposes both an estate tax and an inheritance tax.

  • The Maryland estate tax exemption is $5 million and is not adjusted for inflation, so more estates cross that line every year.
  • There is an inheritance tax. The inheritance tax applies at 10 percent to beneficiaries who are not exempt. Spouses, children, grandchildren, parents, grandparents, and siblings are exempt. Nieces, nephews, cousins, and friends are not.

A will that leaves a generous share to a favorite niece can produce a tax bill nobody anticipated. Again, get an attorney involved. 

When property sits in more than one jurisdiction

Our office serves clients across Maryland, Virginia, and the District, and this issue comes up more often than one might think. A Bethesda home, a rental in Arlington, and a condo in the district can mean a second, ancillary proceeding. It's important to know...Real property is governed by the law of the state where it sits, not by where the owner lived.

When to call a probate lawyer

  • The will is being challenged, or you expect that it will be.
  • The estate includes real property, a business interest, or an asset in another state.
  • Creditors are calling, or a claim looks questionable.
  • The beneficiaries are no longer speaking to each other.
  • The original will cannot be located.
  • You have been named personal representative and want to understand what you are personally responsible for.

Your first three steps

  • Order at least ten certified death certificates. The funeral home may be able to help you with this. 
  • Locate the original will and any trust documents.
  • Build a list of every account, policy, and property, with the title and beneficiary noted for each.

Bring those to a first meeting with your attorney and most of the work of that appointment is already done.