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Maryland Probate: Do I Need a Surety Bond?

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If you are an individual serving as the Personal Representative of a Maryland estate, the short answer is: yes, you will need to secure a surety bond on behalf of the estate. The bond will be filed and/or presented to the appropriate county Office of the Register of Wills, Estate Administration or Probate Division. If […]

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What Death Taxes are Payable in Maryland?

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Both the federal and state governments impose taxes upon the property/estate of a decedent. A federal estate tax with graduated rates is imposed on all property interests that the decedent owned at the time of death. The federal estate tax applies to probate assets and also to non-probate assets. For example, joint property and insurance […]

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Maryland Probate: Creditor Filing Deadline

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How long do creditors have to file a claim against an estate in Maryland? Maryland Estates & Trusts law provides that creditors, except for those otherwise exempt by statute, have six (6) months from the date the decedent died to file claims. All claims against a Maryland estate of a decedent, whether due now or […]

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MD Estate Administration, Obtaining Will Copies

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Once a will or any other document has been filed with a Maryland estate, copies of those documents can be requested. Each county is different in how they manage the process but all will provide the documents upon request while charging a fee for the document and the number of pages requested. The request should […]

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Distributions From a Maryland Probate Small Estate

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Under Maryland law the Personal Representative (known in other states as Executor) of the Maryland small estate can begin to make distribution of assets after the time for filing claims has expired. With most Maryland small estates this time period will expire six months after the Personal Representative has been issued Letters of Administration. Distributions […]

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MD Estate Admin: Employer Identification Number (EIN)

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Once the court or register of wills for the county or city has issued Maryland Letters of Administration for the Personal Representative, or attorney, for the estate, the PR should obtain a Federal Employer Identification Number or EIN. The IRS does not charge a fee and the EIN can be obtained on-line in some instances […]

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Validity of a Handwritten Will in Maryland

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Under Maryland law a handwritten will, which is also known as a holographic will, is considered legally valid. There is no requirement in Maryland law that a will be typed. That said, the will must still conform with all the other requirements for estate documents as provided for under Maryland law and having a handwritten […]

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Baltimore, Maryland Probate Lawyer: Personal Representative’s Responsibility

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Clients often ask: as the Personal Representative am I personally responsible for the bills that my loved one received just before passing? Under Maryland law the Personal Representative (known in other states as Executor) of the estate is not personally liable for the decedent’s debt unless the debt was co-owned by the Personal Representative. If […]

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Maryland Estate Administration Attorney: What You Should Do With The Will

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“What Do I Do With The Will?” is a common question in Maryland probate. The decedent’s Will must be delivered to the Register of Wills for the county in which they were domiciled. Often times an attorney is holding the Will for safe keeping and thus, under Maryland law, the attorney must deliver the Will. […]

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Where to File Probate: Maryland Estate Administration Lawyer

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“Where should probate be filed?” is often the first question of probate. The answer to this question seems less clear when the decedent had property or assets in multiple counties or states. Under Maryland law, probate must be opened in the county where the decedent lived. In legal terms, it is the county in which […]

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