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Maryland Probate: When a Decedent’s Home is in a Revocable Trust, but the Car is Not

Many Maryland families create revocable living trusts to avoid probate and the estate administration process. If the family home is transferred into a trust by a property deed, the trustee can typically manage or sell the property without court involvement and the oversight of the Register of Wills. Problems can arise when other assets, especially […]

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The Risks of Not Properly Reporting Inherited Property in Maryland

If you inherit property in Maryland, it’s important to be aware of any tax responsibilities that may come with the inheritance. Unreported or misreported tax information can result in liability you hadn’t anticipated.   In Maryland probate, inherited property receives a new tax basis equal to its fair market value at the date of the […]

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What is the Spouse’s Elective Share in Maryland Probate?

In Maryland probate, the spouse elective share provides financial protection for a surviving spouse, even if they are left out of a last will and testament. The elective share allows a surviving spouse to receive a fixed portion of the deceased spouse’s estate.   This percentage is determined by whether the decedent is survived by […]

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New Maryland Law Elevates Priority for Unpaid Child Support in Probate

A new law (House Bill 261) was recently passed that will make child support payments a higher priority in the hierarchy of claims against an estate. The new law goes into effect in October of 2025. Previously, child support was placed under “All Other Claims” at the bottom of the list. The new law moves […]

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The Importance of Homeowner’s Insurance for Maryland Probate

Homeowner’s insurance is an often-overlooked aspect of estate administration. If you are the Personal Representative of an estate, you have the fiduciary responsibility of securing and protecting all of the decedent’s assets, which includes making sure their homeowner’s insurance remains in effect for the estate’s real property.   As the Personal Representative you should determine […]

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How Should I Prepare for a Meeting with a Maryland Probate Attorney?

Before meeting with a Maryland probate attorney, it is important to be as prepared as possible. This post will provide an overview of what you will need and what questions to ask.   Begin by thinking carefully about your goals and concerns. If you are uncertain about any aspect of the probate process, come prepared […]

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What Is Ancillary Probate in Maryland?

When someone passes away in Maryland, their estate typically goes through probate, but if the deceased person owned real estate or other assets in another state, ancillary probate may be required to transfer ownership of those assets to their heirs or legatees.   The primary probate process occurs in the state where the deceased person […]

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What is a Notice of Probate for a Maryland Resident?

A notice of probate is a document containing information about the deceased person’s estate and upcoming court proceedings. The personal representative of the estate is responsible for sending the notice of probate to any heirs, creditors, or beneficiaries. If any of the interested parties do not receive a notice of probate, they may not be […]

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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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How Long Do Creditors Have to Bill an Estate in Maryland?

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In Maryland, the creditors have six (6) months to file a claim. The bill must be sent to the Personal Representative and filed with the Register of Wills. If you are a Personal Representative of an estate and waiting for a bill from the hospital or other creditor, it might be a good idea to […]

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