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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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Maryland Estate Administration Lawyer: Non-Resident as Personal Representative in Maryland.

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I’m often asked: can a non-resident serve as Personal Representative for a Maryland estate? Yes. However, you must also have a Maryland resident named on behalf of the estate. The reason for this is that Maryland law requires a Maryland resident named on whom service of process may be made. This appointment must be filed […]

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Maryland Probate Lawyer: Initial Duties of a Personal Representative

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After an estate is opened in probate, through the Register of Wills, the Maryland Personal Representative must examine the decedent’s mail, financial records, safe deposit box, important documents and tax returns. It is the Personal Representative’s duty to determine how the property is legally titled by reviewing the ownership documents such as deeds and bank […]

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Maryland Probate Attorney: Where to Initiate Probate in Maryland

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Probate needs to be initiated in the county of residence, and this is done through the Register of Wills. This can be done by you though you will likely need the assistance of an attorney, at the very least, or want an attorney to handle the entire matter depending on your level of knowledge of […]

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When is Judicial Probate required in Maryland? (from a Baltimore Maryland Estate Administration Attorney)

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Judicial Probate can be triggered if one of the following happens: 1. An interested person makes the request. 2. A creditor makes the request after there has been no administrative probate opened in Maryland for the estate. 3. If the petition for Maryland administrative probate is incomplete or incorrect. This mistake could be made by […]

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Maryland Probate Attorney: Are Life Insurance Policies Included in Maryland Probate?

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No, if the beneficiary is an individual and not the estate of the decedent. In this instance proceeds from an insurance policy are handled outside of the administration of the estate in probate. For a free, confidential conversation to discuss this and other estate planning matters, including probate administration legal services, contact Maryland probate administration […]

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Maryland Probate Administration Attorney: Probate Estate, Administrative Probate, Ancillary Probate & Judicial Probate in Maryland

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I am often asked the difference between the terms Maryland Probate Estate, Maryland Administrative Probate, Maryland Ancillary Probate & Maryland Judicial Probate. Below is a short explanation of each. For a free, confidential conversation to discuss these and other estate planning matters, including estate administration legal services, contact Maryland probate administration lawyer Stephen J. Reichert […]

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Maryland Estate Planning Lawyer: What Are Probate Assets?

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Probate assets are those that pass pursuant to the terms of the decedent’s Will or if no Will was created, than pursuant to Maryland law. Examples of probate assets include those items that were held in the decedent’s name only: cash, stocks, bonds, life insurance policies…. Non-probate assets are those that pass independent of a […]

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Maryland Estate Planning: Important Documents Needed After Someone Dies

Upon the death of someone in Maryland either the Personal Representative (if there was a Will) or friends and family members will need to collect the important papers of the decedent. If a Will was created, and the individual followed sound advice, a list of these important documents could exist in a location that the […]

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Maryland Estate Planning: Avoiding Probate

The Probate Process For more on the Maryland probate process, read my blog post. Creating a Will without any other Estate Planning does not stop your estate from going through the probate process. Avoiding Probate Because probate can be a lengthy, costly and public process, many people choose to avoid it. There are a number […]

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