Losing a loved one can be an emotional and overwhelming experience. In addition to grieving, families may suddenly need to address important legal and financial matters, including what happens to the property, accounts, debts, and other assets left behind.

For many Maryland families, this means navigating probate, also known as estate administration. Probate is the legal process used to manage certain property owned by a person who has passed away, address outstanding obligations, and ultimately distribute the remaining assets to the people entitled to receive them. Understanding what to expect can make the process feel more manageable during an already difficult time.

What Is Probate in Maryland?

Probate is the legal process for administering a person’s estate after death. In Maryland, the process generally involves identifying and gathering the decedent’s probate assets, addressing valid debts and expenses, and distributing the remaining property according to the person’s Will or, if there is no Will, Maryland’s intestacy laws.

Not every asset necessarily goes through probate. Generally, probate assets include property owned solely by the decedent or an interest held as a tenant in common. Certain assets may pass outside of probate depending on how they are owned or whether a beneficiary has been designated.

Because every estate is different, determining which assets are subject to probate is an important early step in the administration process.

The First Steps After a Loved One Passes Away

One of the first things a family should determine is whether the deceased person had a Last Will and Testament. If there is a Will, the original document generally must be filed promptly with the Register of Wills in the Maryland county or Baltimore City where the person was domiciled. This requirement applies even if the family does not believe a probate proceeding will ultimately be necessary.

Families should also begin gathering important information about the person’s assets, debts, property ownership, insurance policies, financial accounts, and other relevant documents. This information can help determine whether an estate needs to be opened and what type of administration may apply.

In Maryland, estate proceedings are generally opened in the jurisdiction where the decedent was domiciled at the time of death.

Who Handles the Estate?

The person responsible for administering the estate is called the personal representative.

If the deceased person left a valid Will, the Will typically identifies the person who should serve as personal representative. If there is no Will, Maryland law establishes who has priority to serve.

Once appointed, the personal representative takes on important fiduciary responsibilities. These can include identifying and collecting estate assets, addressing valid debts and expenses, filing required documents, and distributing the remaining assets to the appropriate beneficiaries or heirs.

Being named as a personal representative is therefore more than simply carrying out a loved one’s wishes. It comes with legal responsibilities that must be handled carefully.

Maryland Small Estates and Regular Estates

Maryland generally distinguishes between small estates and regular estates based on the value of the probate assets.

For a person who died on or after October 1, 2012, an estate may generally qualify as a small estate when the probate assets have a gross value of $50,000 or less. If the surviving spouse is the sole heir or legatee, the threshold is generally $100,000 or less. Estates exceeding those applicable amounts generally proceed as regular estates.

The distinction matters because the procedures and filing requirements can differ. Small estates generally involve fewer requirements, while regular estates involve additional filings and administration responsibilities. A regular estate may also qualify for Maryland’s modified administration process if the applicable requirements are met.

Families should not assume that an estate qualifies for a particular process based solely on the total amount of wealth a person had. The relevant calculation concerns the assets subject to administration in the Maryland estate.

What Does the Personal Representative Have to Do?

Once appointed, the personal representative is responsible for managing the estate through the administration process. While the exact responsibilities depend on the circumstances, the process may include:

• Identifying and gathering probate assets
• Determining the value of estate property
• Identifying creditors and addressing valid claims
• Paying appropriate debts, expenses, taxes, and administration costs
• Filing required inventories, reports, and accountings
• Maintaining accurate records of estate transactions
• Distributing assets to beneficiaries or heirs
• Completing the necessary steps to close the estate

Maryland’s Register of Wills identifies the personal representative as a fiduciary responsible for settling and distributing the estate in accordance with the Will and Maryland law.

This fiduciary responsibility is one reason estate administration should be approached carefully. A personal representative must act for the benefit of the estate and those legally entitled to receive its assets.

How Long Does Probate Take in Maryland?

There is no single timeline that applies to every Maryland estate.

The length of the process depends on factors such as the size and complexity of the estate, the nature of its assets, creditor claims, real estate transactions, tax issues, disputes, and whether anyone challenges the Will.

For a regular estate, Maryland generally provides a six-month period from the date of death for creditors to file claims. Maryland Courts notes that many regular estates can be closed and final distributions made within approximately one year, although some estates take longer because of real estate, tax matters, litigation, or other complications.

Families should therefore avoid assuming that receiving an inheritance will happen immediately after the funeral or after the estate is opened. The personal representative generally needs to complete the required administration before final distributions can be made.

What If There Is No Will?

A person who dies without a Will is considered to have died intestate.

This does not mean that the person’s property simply becomes unclaimed or that the family has no rights. Instead, Maryland’s intestacy laws determine who is entitled to inherit and who may have priority to serve as personal representative.

The distribution of an intestate estate can be more complicated than families expect, particularly when there are multiple potential heirs, blended families, real estate, or questions about family relationships.

An estate attorney can help a family understand how Maryland’s intestacy laws apply to its particular circumstances.

When Should a Family Consider Speaking With an Estate Attorney?

Not every estate requires the same level of legal assistance. However, professional guidance can be particularly valuable when an estate involves significant assets, real estate, creditor issues, tax considerations, multiple beneficiaries, family disagreements, a contested Will, or questions about the personal representative’s responsibilities.

Even when the family expects the process to be straightforward, understanding the applicable requirements before taking action can help prevent avoidable problems.

The Maryland Register of Wills itself notes that whether an attorney is appropriate can depend on the complexity of the estate and the family’s individual circumstances.

Helping Your Family Navigate the Probate Process

Probate can add another layer of responsibility to an already difficult period. Knowing what documents to locate, where an estate must be opened, who is responsible for administering it, and what happens to the deceased person’s assets can help families approach the process with greater clarity.

At Lauenstein Law Firm, we understand that estate administration involves more than paperwork. It involves carrying out a loved one’s wishes while helping families address important legal responsibilities during a challenging time. Whether you are serving as a personal representative or trying to understand your rights as an heir or beneficiary, experienced legal guidance can help you navigate the Maryland probate process and the responsibilities that come with it.

If you have questions about probate or estate administration in Maryland, contact Lauenstein Law Firm to discuss your circumstances and learn about the legal options available to your family.