Leonardtown, MD Probate Lawyers

Losing a loved one is an extremely difficult experience. Amidst the grief and sorrow, families must also navigate the complex legal process known as probate. In Leonardtown, MD, and throughout St. Mary’s County, probate is the official method for settling a deceased person’s estate, ensuring that their assets are distributed according to their wishes or, in the absence of a will, in accordance with Maryland intestacy laws. 

The Probate Process in Maryland

Probate is the legal process of administering a deceased person’s estate. Its primary purpose is to validate the will (if one exists), appoint an executor or administrator, pay outstanding debts and taxes, and distribute the remaining assets to the rightful beneficiaries. In Maryland, there are two main types of probate proceedings:

• Administrative Probate: This is the most common form of probate in Maryland. It is used when the deceased person leaves a will naming an executor, and there are no disputes among the beneficiaries. Administrative probate is generally less time-consuming and less expensive than judicial probate, as it does not require court hearings or judicial oversight.
• Judicial Probate: This type of probate is necessary when there is no will, the will is contested, or there are disputes among the beneficiaries that cannot be resolved through administrative probate. Judicial probate involves more court intervention and oversight, which can make the process longer and more costly.

The role of the probate court is to oversee the administration of the estate and ensure that the process is carried out in accordance with Maryland law. In Leonardtown, MD, the St. Mary’s County Orphans’ Court has jurisdiction over probate matters. The key steps involved in the probate process include:

• Filing the will and petition for probate: The first step in the probate process is to file the deceased person’s will (if one exists) and a petition for probate with the St. Mary’s County Orphans’ Court. The petition must include information about the deceased person, their assets, and their beneficiaries.
• Appointing an executor (if there is a will) or an administrator (if there is no will): Once the will is filed and the petition for probate is approved, the court will appoint an executor (if named in the will) or an administrator (if there is no will or no executor named) to manage the estate. The executor or administrator is responsible for carrying out the deceased person’s wishes and settling their affairs.
• Notifying heirs, beneficiaries, and creditors: The executor or administrator must notify all interested parties of the probate proceedings. This includes the deceased person’s heirs (family members who would inherit under Maryland’s intestacy laws if there were no will), beneficiaries named in the will, and any known creditors.
• Inventorying and valuing the estate’s assets: The executor or administrator must create a detailed inventory of all the assets owned by the deceased person at the time of their death. This includes real estate, personal property, bank accounts, investments, and any other assets. Each asset must be valued as of the date of death.
• Paying debts, taxes, and expenses: Before any assets can be distributed to the beneficiaries, the executor or administrator must pay all valid debts, taxes, and expenses of the estate. This includes outstanding credit card balances, medical bills, mortgages, and funeral expenses. The executor or administrator must also file any necessary tax returns and pay any estate taxes or inheritance taxes that may be due.
• Distributing the remaining assets to the beneficiaries: Once all debts, taxes, and expenses have been paid, the remaining assets can be distributed to the beneficiaries in accordance with the terms of the will or, if there is no will, in accordance with Maryland’s intestacy laws. The executor or administrator must provide a final accounting to the court, detailing all the transactions and distributions made during the probate process.

Throughout this process, executors and administrators must adhere to strict legal requirements and deadlines. They have a fiduciary duty to act in the best interests of the estate and the beneficiaries, and they can be held personally liable for any losses or damages caused by their negligence or misconduct.

It is important to note that not all assets are subject to probate. Some assets, such as life insurance policies, retirement accounts, and jointly owned property with the right of survivorship, may pass directly to the designated beneficiaries outside of the probate process. However, even if an estate includes non-probate assets, it is still important to work with an experienced probate attorney to ensure that all assets are properly accounted for and distributed in accordance with the decedent’s wishes and Maryland law.

In addition to the basic probate process, there are some special situations that may require additional legal procedures or considerations. For example:

• Small estates: If the total value of the probate assets is less than $50,000 (or $100,000 if the sole beneficiary is the surviving spouse), the estate may be eligible for a simplified probate process known as “small estate administration.” This process is generally faster and less expensive than regular probate.
• Ancillary probate: If the deceased person owned real estate or other assets located outside of Maryland, ancillary probate proceedings may be necessary in the state where the property is located. This can complicate the probate process and require coordination with out-of-state attorneys and courts.
• Guardianship and conservatorship: If the deceased person had minor children or incapacitated adult beneficiaries, the court may need to appoint a guardian or conservator to manage their inheritance and ensure that their needs are met.

Common Probate Issues in Leonardtown, MD

While the probate process is designed to facilitate the orderly distribution of a deceased person’s assets, it is not uncommon for complications to arise. In Leonardtown, MD, and the surrounding areas of St. Mary’s County, some of the most prevalent probate issues include:

• Will contests: A will contest occurs when someone challenges the validity of the deceased person’s will. This can happen if there are questions about the testator’s mental capacity, allegations of undue influence, or suspicions that the will was forged or improperly executed.
• Disputes among beneficiaries: Disagreements can arise among beneficiaries over the interpretation of the will, the distribution of assets, or the actions of the executor or administrator. These disputes can lead to costly and time-consuming litigation.
• Complex asset distribution: When an estate includes unique or high-value assets, such as closely held businesses, commercial real estate, or intellectual property, the valuation and distribution process can become complex and contentious.
• Debts and creditor claims: Executors and administrators are responsible for paying the deceased person’s outstanding debts and satisfying creditor claims. This can be challenging if the estate’s assets are insufficient to cover all the liabilities.
• Probate delays: The probate process can be delayed for various reasons, such as difficulty locating beneficiaries, disputes over the will or asset distribution, or complications with estate taxes. These delays can be frustrating and costly for the beneficiaries.

The guidance of an experienced probate attorney can be crucial in anticipating and addressing these common issues. By working with a knowledgeable attorney, executors, administrators, and beneficiaries can minimize the risk of costly mistakes and ensure that the probate process moves forward as smoothly as possible.

Work with Our Knowledgeable and Compassionate Leonardtown, MD Probate Lawyers

The probate process in Leonardtown, MD can be a daunting and emotionally challenging experience, especially in the wake of a loved one’s passing. However, with the guidance of skilled attorneys, you can navigate the complexities of estate administration with confidence and peace of mind. At Baddour Law Firm, we are committed to providing the skilled legal guidance you need during this difficult time. 

Contact us today to schedule a consultation with one of our attorneys. We look forward to serving you!