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Category Archives: Probate Prince George’s County Maryland

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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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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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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How Should I Prepare for a Meeting with a Maryland Probate Attorney?

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 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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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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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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What Happens to Your Student Loans After You Die?

If you’re struggling to pay off your student loans, you might be wondering who will have to pay those loans back in the event that you or a loved one passes. In general, federal student loans (whether signed with or without a co-signer) are discharged upon one’s death. Private loans, however, will largely depend on […]

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