When a loved one passes away in Maryland his or her estate often goes through a court-managed process called probate, or estate administration. This is where the assets of the deceased are handled and apportioned. There are significant Court fees and costs associated with moving a will through probate. If, however, your family member owned his or her assets through a well recorded and properly funded living trust the need for court-managed administration of the deceased’s estate is likely eliminated. The successor trustee is the one who will need to conduct the distribution the deceased’s assets. The amount of time necessary to complete the probate of an estate depends on the size and complexity of the estate, the local rules, and the schedule of the probate court.

Each probate estate is unique, but most include the following steps:

1. Filing of a petition with the correct Maryland probate court.
2. Notifying the heirs under the will or to the statutory heirs if no will exists.
3. Petition to appoint executor (if there is a will) or administrator for the estate.
4. Creating an inventory and obtaining an appraisal of all estate assets by the executor/administrator.
5. Payment of the estate’s debt to authorized creditors.
6. Sale of estate assets.
7. Payment of estate taxes, if appropriate.
8. Final distribution of assets to heirs.

What happens if someone objects to the Will?
An objection to a Will, or a “Will Contest” is fairly commonplace during probate proceedings. It can be extremely expensive and time consuming to litigate.
To contest a Will, one has to have legal “standing” to properly raise any objections. Generally, this occurs when, for instance children are to receive unequal shares under the Will, or when a distribution plan chances from an earlier Will to a later Will. Additionally, when it comes to disputes over tangible distributions, Will contests often create a falling-out over the person designated to serve as Executor.

Does probate administer all property of the deceased?
Probate is essentially a method through which titled is transferred from the name of the deceased to the names of the beneficiaries.

“Non-probate assets” however do not go through probate and include things such as:

Property that you own titled as “joint tenants with right of survivorship”

• Property that you own titled as “joint tenants with right of survivorship”
• Retirement accounts (IRA or 401(k) accounts) where there are specific beneficiaries
• Life insurance policies
• Bank accounts with “pay on death” (POD) designations or “in trust for” designations
• Property owned by a living trust, legal title to such property passes seamlessly to successor trustees without having to go through probate.

How much does probate cost? How long does it take?

The cost and duration of probate considerably depends on a number of factors such as the value and complexity of the estate, the existence of a Will and the location of real property owned by the estate. Will disputes or contests can also add significant costs and delays. Typical costs include executor’s fees, attorney’s fees, accounting fees, court fees, appraisal costs, and surety bonds. Generally these expenses add up to anywhere from 2% to 7% of the total estate value. Presuming there is no litigation involved, nearly all estates are settled through probate in 9 to 18 months. 

Can probate be avoided?
Yes, by the use of an effective and properly funded revocable trust.

We assist families through the probate process in the event a loved one has passed away with, or without, a will. During life, we do all we can to avoid the probate process by creating effective and fully funded revocable living trusts for individuals and families. In doing so, it is our goal to save you the cost and expenses associated with probate, allowing you to focus your attention where needed after a loved one has passed.