ESTATE ADMINISTRATION
Judicial and Administrative Probate in Maryland
In Maryland, probate is the process of settling a deceased person’s estate, which involves the identification and collection of assets, the payment of the decedent’s liabilities and transferring ownership of assets to the beneficiaries named in the Last Will and Testament (“Will”) or to the heirs according to Maryland law. Laws governing estate administration can be found in the Maryland Rules of Procedure, Title 6 and the Estates and Trusts Article of the Annotated Code of Maryland.
Generally, the probate process involves filing a petition with the court, appointing an executor or personal representative to manage the estate, and notifying the beneficiaries and creditors of the deceased person’s passing. The personal representative then takes inventory of the assets, pays any outstanding debts, and taxes, and distributes the remaining assets to the beneficiaries according to the Will or Maryland law if there is no Will.
In Maryland, there are two types of probate: judicial and administrative. Judicial probate is a process that is required when there is dispute over the validity of the Will or the appointment of a personal representative. Administrative probate, on the other hand, is a more streamlined process facilitated through the office of the Register of Wills.
Overall, the type of probate that you choose will depend on the facts and circumstances involved and the complexity of the estate. If there is a dispute over the Will, judicial probate may be the best option. If the estate does not involve the previously mentioned disputes, administrative probate is likely the appropriate procedure. It is important to consult with an attorney or probate professional to determine which type of probate is right for your situation.
In conclusion, probate is a necessary process for the distribution of estate assets of a decedent. Regardless of which type of probate is used, it is important to seek the guidance of an attorney or probate professional.
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