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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: Cremation and Notification

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I was recently asked a question that has been asked a few times: can a person authorize cremation in Maryland without notifying next of kin? In other words: can you make an order to be cremated without disclosing this information to others? The short answer: yes. You can indicate in your Will your desire to […]

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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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Obtain a Maryland Death Certificate for Probate

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To administer an estate in Maryland the first step is to open the estate. This requires filing a Petition, with all supporting documents, bonds, fees, waivers, etc., with the appropriate Register of Wills. One of the many requirements in this filing is to include an original copy of the Maryland death certificate. The Register of […]

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Maryland Probate, Duty to Protect Property

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As the Personal Representative (aka executor) of a Maryland estate, you are required to protect and maintain the assets of the estate. Among many other duties this includes protecting any real estate. According to a local insurance company water damage due to frozen pipes is the most frequent claim and damage done to property in […]

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Remove Yourself as Personal Representative, Maryland

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For various reasons the Personal Representative, who could also be an attorney, may wish to resign and be removed from the position. Each state has specific guidelines under the law and it is important that you look at the law for the state in which the estate is being administered. In Maryland the law requires […]

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Maryland Probate: Can Travel Expenses Be Reimbursed?

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If you are an individual serving as the Personal Representative of a Maryland estate, the short answer is: no. Expenses incurred by a Maryland Personal Representative in the course of the ordinary business of administration are part of the services for which the Personal Rep receives her commissions and are not allowable as separate expenses […]

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Montgomery Village, Maryland Estate Planning & Will Filing

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As an estate planning lawyer, I encounter clients in Maryland who failed (or their attorney failed) to file their Will with the county. This is a critical final step in the Will creation process as it ensures safe keeping and quick access to your Will by the court that will handle probate for your estate. […]

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