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Maryland Probate

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When someone dies in Maryland, and the estate is valued over $50,000 (or $100,000 if the only heir is the spouse), a regular estate proceeding must be initiated. Here’s a step-by-step guide for opening a regular estate in Maryland:

 

⚖️ 1. Confirm Jurisdiction & Estate Type

  • Decedent must have been domiciled in Maryland or owned real property in Maryland.

  • If the estate’s value is over the small estate threshold ($50,000/$100,000), proceed as a regular estate.

  • Determine whether the estate is testate (with a will) or intestate (without a will).

📜 2. Obtain the Death Certificate

  • Obtain several certified copies from the Maryland Department of Health or local health department.

  • You’ll need these for the Register of Wills and other parties (banks, creditors, etc.).

🗃️ 3. Collect Essential Documents

  • Original will and codicils, if any.

  • Names and contact info for heirs and beneficiaries.

  • List of assets and debts.

  • Funeral invoice and paid receipts if available.

🏛️ 4. File the Petition for Probate

    File with the Register of Wills in the county where the decedent resided.

      Submit:

  • Petition for Probate 

  • Schedule A (List of interested persons).

  • Schedule B (List of assets).

  • Original Will (if applicable).

  • Death Certificate.

  • Information Report (lists non-probate assets, gifts, etc.).

  • Nominal Bond, unless excused by the will or court.

             You may also file:

  • Consent to Appointment of Personal Representative if applicable.

  • Appointment of Resident Agent if the PR is not a Maryland resident.

👤 5. Appointment of Personal Representative

  • Once the Register approves the petition, the PR is appointed and receives Letters of Administration, giving them legal authority over the estate.

📣 6. Notice to Interested Persons & Creditors

  • The Register will mail notices to Interested Persons and also publish notice in a local newspaper for three consecutive weeks.

  • Creditors have 6 months from the date of death to file claims.

🧾 7. Administer the Estate

  • Open an estate bank account.

  • Gather, inventory, and appraise assets.

  • Pay debts, taxes, and expenses.

  • File the decedent’s final tax return and any estate/inheritance taxes.

📋 8. File Inventory & Information Report

  • File a detailed Inventory within 3 months of appointment.

  • File an Information Report for non-probate transfers (e.g., joint accounts, TOD assets).

💼 9. File Accounting

  • The PR must file an Account (First and Final Account, or Interim if the estate remains open).

  • Account must reflect all transactions, disbursements, and proposed distributions.

  • Requires receipts, invoices, and court approval.

🏁 10. Distribute Assets and Close Estate

  • After court approval of the final account, distribute remaining assets to heirs/beneficiaries.

  • Submit Receipts or Waivers of Final Distribution.

  • Court issues an Order of Discharge and closes the estate.

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