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How is Property Distributed in Maryland if There is No Will?

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After the assets are used to pay estate expenses, debt, and taxes, the rest can be distributed to the closest living heirs. This is done according to Maryland’s intestacy laws. In Maryland, typically a surviving spouse and children would be given priority. If there is no surviving spouse then children would receive the assets equally. […]

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Adding Spouses to the Deed of a Bequeathed Property

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The deceased bequeaths house to family member in their will. The family member wants to add their spouse to the deed as Tenant by Entireties (T by E). The best way to handle this situation is to draft and file separate deeds, showing the clear chain of title. The reason for this is that there […]

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Maryland Probate: Personal Representative Moves Out of State

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What happens if you are the personal representative, aka executor, for a Maryland estate but then you move from Maryland to another state? The short answer is that you may quality to continue as the personal representative however you will need to file a request to appoint a Maryland resident agent. The resident agent must […]

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Maryland Probate: Do I File a Will With No Assets?

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This is a common question people have and reasonable to wonder if a person’s Will needs to be filed if the person died with no assets. Under Maryland Law, the decedent’s Will must be filed in the jurisdiction of domicile even if the person died without any assets. This does not mean that an estate […]

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Do I Need a Bond For a Maryland Small Estate?

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If you are an individual serving as the Personal Representative of a Maryland small estate, the short answer is: yes, you will need to secure a bond on behalf of the estate. However there are some exceptions: if the value of the estate is less than $10,000 (after funeral expenses & family allowances), if the […]

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Can I Obtain A Copy of Someone’s Will?

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In Maryland people are allowed to file their Wills for safekeeping with the Register of Wills in the county where they reside. While living, a person’s Will is not part of the public record and thus no one can have access to the Will. After the person has died, the Will becomes part of the […]

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Maryland Probate Fees

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The county Register of Wills office will assess estate administration fees per Maryland law. The fees are assessed when your attorney files the first account for the estate. Additional fees could be assessed if the value of the estate increases. The estate value is determined by reviewing the value of all assets included in the […]

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Maryland Probate: When Real Estate Is The Only Asset

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The Maryland code makes no distinction between personal property (e.g. motor vehicle) and real property (e.g. house & land; real estate) when setting forth the requirement that an estate must be opened for a decedent. There are many instances where an estate does not need to be opened, for example if the sole asset is […]

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Who Can Obtain a Living Person’s Will in Maryland?

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In Maryland if the Will has been filed with the Register of Wills county office (or city office if in Baltimore) only the testator—the person who created the Will–or someone who has written permission signed by the testator can withdraw a Will from safekeeping. Proper identification is required by the clerks in the Register of […]

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How to Close an Estate in Maryland Probate

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Under Maryland law, Estates & Trusts, the final approval of the final account, as submitted to the register of wills, automatically closes the estate. This can also terminate the appointment of the personal representative however there are circumstances where you may wish to request to keep the appointment open beyond the closing. Often additional accounts […]

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