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Category Archives: Probate Montgomery County Maryland

Do I Need a Probate Bond for a Maryland Estate?

A probate bond is a form of insurance designed to protect the estate and all beneficiaries from fraudulence or mismanagement by the estate’s Personal Representative. In most cases, Maryland state law requires a probate bond with a few exceptions, including:   1. If the decedent’s will explicitly waives the bond; 2. If all heirs or […]

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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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Determining the Value of an Estate in Maryland

Understanding how an estate is valued is a crucial step in the probate process. In the state of Maryland, the valuation of an estate involves several considerations, and navigating these complexities is important for both the Personal Representative and the beneficiaries.   Appraisal of Assets   One of the primary steps in estate valuation is […]

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What Happens with Your Debt When You Die in Maryland?

The passing of a loved one is a challenging and emotional time, and dealing with their financial affairs can be equally daunting. It’s important to understand the legal and financial processes that can happen when a person passes away and leaves behind debt.   Estate Administration Process   In Maryland, when a person passes away, […]

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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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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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My Spouse Died Without a Will in Maryland, Can I Manage Their Estate?

In Maryland, if you are married at the time of your spouse’s death, then you may have an interest in being the personal representative of the estate and inheriting their property. However, if your spouse has adult children, they may also have a property interest. Or, there may be a shared property interest depending on […]

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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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