What Is The Probate Process In Maryland And Why Do You Need To Know?

A wise man once said: “There are no certainties in life, except death and taxes.” While some attribute this widely known phrase to Benjamin Franklin, and others to Mark Twain, no matter who you believe coined the gem, both are true. That is, death is certain and taxes are certain. This article is about the former.

Death. No one wants to think about it, but it is the inevitable demise for all of us. The question is, what happens after you die? Not in the stratospheric sense, but rather, with our earthly possessions. To put it bluntly, “Who gets your stuff when you die?”

Well, if you have signed a Last Will and Testament, that Will is probated. But what does it mean to probate a will? Probate is the process by which a decedent’s assets are distributed according to his/her Last Will and Testament and/or pursuant to the laws of the state in which the decedent was domiciled. In Maryland, we have a Register of Wills in each county. The Register’s job is to ensure that the decedent’s personal representative (a person named in a Last Will and Testament and/or appointed by the Court) responsible for gathering, valuing and accounting for the decedent’ assets) properly account for the decedent’s assets (the estate); that those assets are properly distributed to persons named in the Decedent’s will (known as “legatees”) or the decedent’s “heirs-at-law” if he dies intestate (without a will); and to collect inheritance taxes for the state.

In Maryland, there are very specific rules regarding the distribution of one’s estate if the decedent dies intestate. For example, if the decedent is married and has adult children who are not the children of his spouse, then the assets are split as follows: i) the first $40,000 to the spouse; and then ii) the balance of the estate is split 50% to spouse and 50% to surviving children.

When a person dies without a Will, this often leads to an unintended result. In that scenario, State law will control who inherits. It does not matter if the decedent expressed his or her wishes verbally. If he or she dies without a Will, the State laws will determine the outcome. The estate will be probated and distributed in the manner in which the State dictates – which is often not consistent with what the decedent would have wanted.

For these reasons, it is extremely important to do proper Estate planning and to familiarize yourself with the State’s intestacy laws which will control when a decedent’s assets are probated. It is certainly more beneficial to have a say in how one’s assets will be divided, rather than allowing the state to probate your loved one’s assets in the way the State deems fit.

If you want to learn more estate planning, estate administration and about the probate process, please call Sherae McNeal, Esquire at (410) 650-4242. Ms. McNeal has extensive experience with estate documents and assisting clients with the probate process.