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Category Archives: Probate Baltimore County Maryland

Must I Open a Maryland Probate Estate if the Only Asset is a Motor Vehicle?

If the motor vehicle is co-owned, and the other owner is alive, then the vehicle will not be subject to a probate estate. However, if the vehicle is in the decedent’s name only, with no surviving co-owner, then a probate estate is necessary. If the vehicle is worth less than $50,000 then a small estate […]

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Letters of Administration for Foreign Small Estate in Baltimore City

If property is located in Baltimore, Maryland, and needs to be transferred via an estate opened in another state, a Foreign Proceeding must be opened. When a Foreign Small Estate is opened in Baltimore City the Register of Wills Office does not issue a Letter of Administration as they would in a regular Small Estate. […]

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May a Personal Representative or Trustee Demand a Release?

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Yes, a Personal Representative may demand a release in the absence of a state statute that says otherwise. Generally, the Maryland Court of Appeals has decided that so long as the release is not written in such a way as to be one-sided or impermissibly favors the trustee’s interest over the beneficiaries, releases that absolve […]

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What Happens to Your Student Loans After You Die?

If you’re struggling to pay off your student loans, you might be wondering who will have to pay those loans back in the event that you or a loved one passes. In general, federal student loans (whether signed with or without a co-signer) are discharged upon one’s death. Private loans, however, will largely depend on […]

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What if the Personal Representative of the Estate is Deceased?

If you want to assume the place of the Personal Representative due to unforeseen reasons, the matter must be addressed by the court. If the Principle is deceased and the Personal Representative is incapable of performing the duties then we must petition the court in the county of the estate. Until the court rules, no […]

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How do I Claim a Deceased Relatives’ Unclaimed Property?

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If you need to claim property that is within the state of Maryland, then you will need to have a claim filed with the Comptroller of Maryland. Additional documentation is needed for proof. The documentation needs to include two forms of identification, and items such as bank account information and insurance proceeds. Depending on the […]

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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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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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Maryland Probate: Who Distributes The Estate’s Assets?

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Under Maryland law the named or appointed Personal Representative is responsible for the distribution of the estate assets. To reach the point in the estate administration where the law allows distribution, the Personal Representative must pass several stages and filings and should only distribute assets after approval from the Register of Wills and the Orphans’ […]

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