Probate is the court supervised process used to identify, value, and distribute a deceased person’s assets. Even when an individual has taken steps to plan ahead, estate administration can still be complex. Executors, administrators, trustees, and beneficiaries each have distinct roles, rights, and responsibilities that must be handled correctly from the beginning.
Whether an estate is simple or highly complex, the probate process involves strict legal requirements, deadlines, and documentation. Mistakes or delays can increase costs, create family conflict, or expose fiduciaries to personal liability. Having experienced guidance helps ensure that the estate is administered efficiently and in compliance with Maryland law.
Can I handle probate on my own, or do I need an attorney?
In very simple cases, probate may be handled without legal representation. However, many estates involve legal, tax, or family considerations that benefit from professional guidance. An attorney can help reduce delays, prevent disputes, and ensure all requirements are properly met.
What are the benefits of working with an estate administration attorney?
An attorney helps you understand your responsibilities, prepares and reviews required filings, and ensures that assets are distributed correctly. Legal guidance can also reduce the likelihood of family conflict and protect fiduciaries from personal liability.
What if I am a beneficiary with questions about the estate?
Beneficiaries have specific rights during probate and estate administration. An attorney can help you understand those rights, interpret estate documents, and address concerns about how the estate is being handled.
Probate is a court procedure which transfers property the deceased owned into the hands of his/her descendants or beneficiaries.
Probate has two functions, it gets creditors paid and it gets property owned by the deceased retitled to the land of the living. It also gives relatives and friends the opportunity to bring suits against those who claim your property.
Probate can take anywhere from 6-18 months, it varies depending on the size and complication of the estate.
If the deceased person had a will, the probate process is still required and involves the court validating that will. In the old days when someone died, you would have to get someone else to say “Oh yes! That is John Smith’s signature”. This is not how it works now, if you have two witnesses and a notary it is presumed to be valid. After the court verifies the will, the person’s assets are then transferred to his/her beneficiaries.
If the deceased person had a revocable living trust in place and placed his/her assets into the trust, the assets will not have to go through the probate process and will be disbursed by the trustee according to the instructions of the trust, not under the law of the state of Maryland.
