FAQ's

Probate is the process of transferring property of a decedent to their heirs or legatees. When you own an item or asset, it is generally titled in your name to indicate your legal right of ownership. When you die who would have permission to decisions on your behalf, that would be the Personal Representative. This Personal Representative is usually named in your last will and testament. This Personal Representative will need to submit forms to the Orphans’ Court in a process known as Probate to get permission for the transfer of title. Furthermore, they are obligated to only make sales or transfers on your behalf in accordance with Maryland law or your Last Will and Testament.

No. The only time the property of a person who passes away goes through the probate process is if the decedent held property just in his or her name alone.

If there are assets in the decedent’s sole name, the estate proceedings are opened by the person(s) named as Personal Representative(s) under the decedent’s Will (and any Codicils). If the decedent left no Will, Maryland Law determines who has the highest priority to be appointed Personal Representative.

In Maryland, an executor has up to 12 months from the date of appointment to distribute an estate's assets. however, the process can take longer depending on the estate's size, complexity, and whether there are disputes.

The Personal Representative is responsible for identifying probate assets (assets in the sole name of the decedent), filing the necessary forms and tax returns required by Law, paying from the estate assets administration expenses, valid creditor claims (including funeral expenses) and taxes (if there are any), and making distribution of the remaining assets to the proper beneficiaries under the Will if there is a Will or to the decedent’s legal heirs under Maryland Law if there is no Will.

When you pass away without a will in Maryland, you are said to have died “intestate.” Dying intestate means the state of Maryland determines how your assets are distributed based on its intestacy laws. It’s a one-size-fits-all approach, and unfortunately, it might not align with your personal wishes or the unique dynamics of your family.

In the state of Maryland, if you’re married and also have children, there’s a specific formula that intestacy laws use to distribute your assets.

A Will is legal in Maryland if its in writing, signed and witnessed by two adults. The Will can be typed or handwritten.

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Consider your options carefully:

Assess the property: Determine the condition of the home and any repairs or renovations it may need.

Consult with professionals: including us at Estate Matters, a financial advisor or tax consultant.

Decide whether to keep, sell, or rent the inherited property.

Communicate with any other beneficiaries or co-owners of the inherited property.