When a loved one passes away, the last thing grieving families want to deal with is a complex legal process. Yet in Maryland, probate is often an unavoidable step in settling an estate. Understanding how it works can help you prepare — and potentially avoid it altogether with the right planning.
What Is Probate?
Probate is the court-supervised process of validating a will, paying debts and taxes, and distributing a deceased person’s assets to their beneficiaries. In Maryland, probate is handled by the Orphans’ Court in the county where the decedent lived — including Charles County, Calvert County, St. Mary’s County, and Prince George’s County.
The Maryland Probate Process Step by Step
The process begins when someone files the original will and a petition for probate with the Register of Wills. The court then appoints a personal representative — either the executor named in the will or an administrator if there is no will. The personal representative must inventory all assets, notify creditors, pay valid debts and taxes, and ultimately distribute remaining assets to beneficiaries. Maryland offers two types of probate: administrative probate for straightforward estates and judicial probate for contested situations.
How Long Does Probate Take?
Simple estates can sometimes be settled within six to nine months. However, complicated estates, contested wills, or situations involving significant debt can take a year or longer. During this time, beneficiaries generally cannot access probate assets.
Small Estate Shortcuts
Maryland offers a simplified process for small estates. If the total value of probate assets is $50,000 or less (or $100,000 or less if the sole heir is a surviving spouse), the estate may qualify for a small estate proceeding, which is faster and less expensive.
How to Avoid Probate
Several strategies can help assets pass outside of probate entirely. Revocable living trusts, joint ownership with right of survivorship, payable-on-death designations on bank accounts, and proper beneficiary designations on retirement accounts and life insurance all bypass the probate process.
At SoMD Estate Planning, we help families structure their estate plans to minimize or avoid probate entirely. Schedule a free consultation to learn which strategies make sense for your situation.
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