What Is Probate in Maryland?

Probate is the legal process for administering a person’s estate after death. In Maryland, the probate process generally involves identifying and valuing the deceased person’s assets, paying valid debts and taxes, accounting for all assets and expenses, and distributing the remaining property to beneficiaries or heirs.

The probate process in Maryland is generally handled through the Register of Wills and, when necessary, the Orphans’ Court in the county where the deceased person resided at their death. If the person left a valid will, their estate is typically distributed according to the instructions in the will. If there is no will, Maryland’s intestacy laws determine who inherits the estate.

Do All Assets Go Through Probate?

Not all assets must go through probate. Assets that pass automatically to a joint owner or designated beneficiary—such as certain jointly owned real estate or bank accounts, life insurance policies, and retirement accounts—may transfer outside of probate. Property held in a revocable living trust may also avoid probate.

How a Maryland Probate Attorney Can Help

Probate can involve court filings, creditor claims, tax issues, and other legal requirements and deadlines. A Maryland probate attorney can help a personal representative or executor navigate the estate administration process, address potential legal issues, and help ensure that the estate is handled properly and efficiently.

If you are responsible for administering a loved one’s estate, understanding Maryland probate requirements can help you avoid unnecessary delays and complications. An experienced Maryland probate lawyer can explain your responsibilities and guide you through each step of the process.