If Real Property Passes Automatically at Death in MD, Why Must I Probate the Will?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed Maryland attorney for advice specific to your situation. Detailed Answer In Maryland, some forms of real property ownership allow land and buildings to transfer automatically at death, bypassing probate. However, property held differently must go through probate to […]
Read article →What steps are involved in notifying creditors and handling claims after a death in Maryland?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation. Detailed Answer 1. Identify and List Creditors As personal representative (executor), begin by gathering the decedent’s financial records—bank statements, credit-card bills, loan agreements and utility accounts. Create a list of […]
Read article →Can I Use an Obituary as Proof of Death to Open an Estate in Maryland?
Detailed Answer Under Maryland law, you generally need a certified death certificate to open an estate. Maryland Code, Estates and Trusts § 2-102 requires filing a death certificate with the Register of Wills before probating a will or opening an intestate estate. See https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=et&section=2-102 If you cannot obtain the death certificate, you must petition the […]
Read article →How to Prepare an Heirship Affidavit in Maryland
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a licensed attorney in Maryland for guidance tailored to your situation. Detailed Answer An heirship affidavit (often called a “small estate affidavit”) lets qualifying relatives collect a decedent’s personal property without full probate. In Maryland, Estates & Trusts Article […]
Read article →Can I Open an Estate and Become the Personal Representative as a Mother-in-Law in MD?
Disclaimer: This article is for informational purposes and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Detailed Answer In Maryland, the Orphans’ Court appoints a personal representative (also known as an executor or administrator) to manage and distribute a decedent’s estate. The court follows a statutory priority list […]
Read article →Can I elect to receive a life estate instead of an intestate share in Maryland?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Under Maryland law, a surviving spouse cannot elect a life estate in the deceased’s real property in lieu of the statutory intestate share. Maryland abolished traditional dower and curtesy rights (which once allowed a life estate in one-third of […]
Read article →How does an executor obtain an EIN for the estate in Maryland?
Detailed Answer In Maryland, when you serve as an executor (called a personal representative) of a decedent’s estate, you often need a federal Employer Identification Number (EIN) to open bank accounts, file estate tax returns, and manage financial affairs. The IRS issues the EIN, and you act as the “responsible party” for the estate. Under […]
Read article →What is the difference between common and solemn form probate in Maryland?
Detailed Answer Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified Maryland probate attorney to discuss the specifics of your case. Under Maryland law, there is no distinction between “common form” and “solemn form” probate as exists in some other states. Instead, Maryland uses a unified probate […]
Read article →Do I Have to List Personal Property Assets When Completing a Year’s Allowance in Maryland?
Understanding Maryland’s Year’s Allowance In Maryland probate, a surviving spouse or minor child can elect to receive a “year’s allowance” from estate assets for support and maintenance during probate. This allowance draws on personal or real property before other creditors are paid. Knowing whether you must list personal property assets depends on whether you are […]
Read article →How to Request and Schedule a Probate Hearing When None Is Set in Maryland
Detailed Answer In Maryland, probate proceedings take place in the Orphans’ Court. Normally, when you file a petition for grant of probate or appointment of a personal representative, the court clerk enters your case on the docket and schedules a hearing date. If no hearing date appears, you must take affirmative steps to request and […]
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