Probate in Maryland | MD Legal Resources | FastCounsel

Maryland: Where Sale Proceeds from a Deceased Person’s House Go

Understanding Where Sale Proceeds from a Deceased Person’s House Will Go When someone dies and their house is sold, the sale money does not automatically go to a single person. The destination of the proceeds depends on who owned the property, what liens or mortgages exist, whether there is a will, and whether the estate […]

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Maryland: Can a Prenuptial Agreement Affect a Life Estate or My Inheritance, and What if the Executor Refuses to Provide It?

Can a prenuptial agreement affect a life estate or your share of your parent’s estate in Maryland? Short answer: Yes—a valid prenuptial (premarital) agreement can change what a surviving spouse receives, and that in turn can affect life-estate arrangements and the share left for other heirs. If an executor refuses to provide the prenuptial agreement […]

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How to Verify an Executor’s Calculation of Your Share from a Sibling’s House Sale — Maryland

Detailed Answer This FAQ explains how to confirm that the personal representative (often called the executor) correctly calculated your percentage share of the net proceeds when a sibling’s home was sold during probate in Maryland. This is educational information only and not legal advice. If you need advice about your specific situation, contact a licensed […]

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Selling a Deceased Parent’s Home During Probate in Maryland

FAQ — Selling a Deceased Owner’s House with a Mortgage during Probate in Maryland Short answer: Yes — in many cases a house that belongs to a decedent and still has a mortgage can be sold during probate in Maryland, but the sale must be handled through the estate process. The personal representative (executor or […]

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Proving the Value of a Deceased Parent’s Vehicle in Maryland Probate

Detailed Answer Short answer: To prove the value of your mother’s vehicles for Maryland probate you should gather objective, documented evidence of fair market value (VIN, mileage, photos, condition), get at least one written valuation (dealer written estimate, certified appraiser, or reputable pricing guide printouts), and file the valuation with the Register of Wills or […]

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Maryland — Selling a Deceased Parent’s Home and Creditor Notice Requirements

Short answer In Maryland, you usually cannot rely on the typical "small estate" affidavit to sell real estate that was owned solely by a deceased parent. The three‑month notice-to-creditors publication requirement commonly applies to formal probate administration. Whether you must publish a notice for three months depends on the path used to clear title: if […]

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Proving the Value of a Deceased Parent’s Vehicles in Maryland Probate

Disclaimer: This is general information, not legal advice. For advice about a particular estate, consult a Maryland probate attorney or the local Register of Wills. Detailed Answer When you administer a Maryland probate estate, you must list the estate’s assets and provide a reasonable basis for their values. For motor vehicles, Maryland practice treats the […]

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Maryland: Steps to Be Appointed a Limited Personal Representative in a Small Estate (Notice to Creditors & Selling Real Property)

FAQ: How to proceed with a limited appointment in Maryland's small estate process Short answer: In Maryland you first confirm the estate qualifies for the small-estate (summary) procedures, then file the appropriate petition with the Register of Wills (or the Orphans’ Court if required) asking for a limited appointment that specifies the powers you need […]

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Maryland: What Happens to an LLC Member’s Share After Death

Understanding What Happens to an LLC Member’s Interest After Death (Maryland) Short answer: If an LLC operating agreement in Maryland does not say what happens when a member dies, Maryland’s default LLC rules apply. The deceased member’s membership interest generally becomes part of the member’s estate as personal property. The estate or heirs usually receive […]

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How to Prove a Zero Balance and Close a Spouse’s Estate in Maryland

FAQ: How do I prove a zero balance and formally close my spouse’s estate in Maryland? Short answer: In Maryland you must (1) determine whether probate administration is required, (2) gather and document all assets and liabilities, (3) notify creditors and resolve claims, (4) file the final accounting or summary paperwork with the Register of […]

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