THE PROBATE PROCESS

1. File the last Will (including Codicils, if any) of the decedent (deceased person) with the Register of Wills in the county where the decedent was domiciled at the time of death.
2. Select a Personal Representative before disposing of any assets.
3. Petition to have Personal Representative appointed; receive Letters of Administration.
4. Appraise estate assets.
5. File the appropriate documents:

   Maryland

 

• Petition for Probate and Schedule A or B;
• List of Interested Persons (those named in the Will and those who would inherit if there were no Will);
• Consent to Appointment of Personal Representative (if someone other than the person named in the Will or otherwise entitled to appointment is applying);
• Appointment of Resident Agent (if petitioner is not a Maryland resident);
• Proof of Execution of Will if Will lacks an attestation clause;
• Inventory and Information Report;
• Notice of Appointment;
• Bond;
• Paid funeral bill; and
• Copy of death certificate (obtain from Division of Vital Records)
• First Account (due within 9 months from appointment of Personal Representative) (subsequent accounts must be filed as required until the estate is closed)

• SMALL ESTATE - a ssets valued at $30,000 or less; $50,000 if the spouse is the sole legatee
• REGULAR ESTATE - a ssets in excess of $30,000; $50,000 if the spouse is the sole legatee

District of Columbia

• Petition for Administration of Small Estate
• Certification of Filing Will
• Notice of Appointment
• Funeral bills(s) and receipts

• SMALL ESTATE - a ssets valued at $40,000 or less
• REGULAR ESTATE - a ssets in excess of $40,000

 

FREQUENTLY ASKED QUESTIONS (FAQs) :

• What is probate and should it be avoided?

Probate is the process by which a court supervises the distribution of probate property according to a verified will or the laws of intestate succession to those who will inherit a deceased person's property. Probate property generally includes assets owned individually. The primary reasons for avoiding probate involve the costs and time associated with the process. However, in Maryland , the actual court costs and probate fees involved in most estates are nominal and the probate process is more streamlined than in the past. For most estates, a valid will and individualized planning can minimize the impact of the probate process.

• What happens if someone dies without a will? 

Without a will, state laws of “intestate succession” kick in.

In MD, the following distributions would apply if you died without a will*: 

• If survived by spouse and parents:

  • ½ of estate, plus $15,000 to spouse, balance to parents

 

•  If survived by spouse and children:
• ½ of estate to spouse; ½ to children

 

• If survived by spouse and adult children:
• ½ of estate, plus $15,000 to spouse
• ½ of estate to children (not including step- children)

• If no living heirs or step-children Estate goes to the Board of Education

See MD Code Ann., Estates and Trusts §§ 3 -101 et seq. (2003) for a complete description of intestate distributions.

   

In DC, the following distributions would apply if you died without a will:

• If survived by spouse, but no living children or parents:
  • 100% of estate

 

• If survived by spouse and children (and children are children of surviving spouse):
• 2/3 of estate to spouse
• 1/3 to children of deceased
• If survived by spouse and children (and one or more of the children are not children of decedent or if one or more of the children are not children of the surviving spouse):
  • ½ to spouse
  • ½ to children of deceased

   

• If survived by spouse and parents, but no living children:
• ¾ of estate to spouse
• ¼ to parents of deceased
• If survived by children, but no spouse or parents:
  • Estate is equally divided among children

 

• If survived by parents, but no spouse or children:
• Estate is divided equally between father and mother of deceased

 

• If survived by brother, sister, neice, or nephew, but no child, spouse, or parent:
  • Estate is divided equally among brother, sister, neice, or nephew

 

• If no living spouse, children, parents, brothers, sisters, or descendants of these relations survive, then collateral relations divide the estate equally

• If no living spouse, children, parents, brothers, sisters, descedants of those relations, or collaterals, then grandparents divide the estate equally

• If no living spouse, children, or other heirs:
  • Estate goes to DC to be used by the Mayor of the District of Columbia for the benefit of the poor

See DC Code Title 19, Chapter 3 for a complete description of intestate distributions.

If the intestate laws do not precisely reflect your wishes, a will and/or a revocable living trust is necessary.