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Category Archives: Probate Lawyer Anne Arundel County

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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How Should a Personal Representative Handle Homeowner’s Insurance?

The Personal Representative has a fiduciary obligation to protect all assets of the decedent’s estate. If the decedent owned a property, this includes ensuring that the utilities and taxes are paid, and that the home is adequately secured among other obligations. What is often overlooked, however, is homeowner’s insurance.   If you are the Personal […]

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How Much is a Personal Representative Compensated in Maryland Probate?

If you have taken on the responsibility of being the Personal Representative of an estate in Maryland, you may be wondering if—and how much—you will be compensated for your time and effort.   The role of Personal Representative involves a variety of tasks and responsibilities, which we have written about in our post “What is […]

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What Is the Interested Persons Form for a Maryland Probate Estate?

Maryland law defines an “interested person” as anyone listed in a will, an immediate family member, and a legatee or a trust now receiving interest from assets resulting from the person’s passing.   The Interested Persons form must be filed along with the petition and should include any person or entity with a potential interest […]

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Do Life Insurance and Retirement Benefits Need to Go Through Probate in Maryland?

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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Will This Property Need to go Through Probate in Maryland?

If the deed states “…grant and convey unto the said John and Jane as tenants by the entireties, their heirs and assigns in fee simple…” does the property go through probate or convey to the heirs? I would want to review the entire deed, but given just this language in a Maryland deed, in short: […]

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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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Maryland Probate: Personal Representative Moves Out of State

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What happens if you are the personal representative, aka executor, for a Maryland estate but then you move from Maryland to another state? The short answer is that you may quality to continue as the personal representative however you will need to file a request to appoint a Maryland resident agent. The resident agent must […]

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