When someone passes away in Maryland, their estate may enter the probate process. The specifics of this process depend on the size of the estate and whether a valid estate plan is in place. Estates without a plan—and even many with one—often require the appointment of an estate administrator. Navigating probate requires strict compliance with procedural rules and Maryland law.
Understanding Probate and Estate Administration in Maryland
Probate is the legal process through which the court oversees the distribution of a deceased person's assets. This process ensures that debts are paid, and the remaining assets are transferred to the rightful heirs or beneficiaries. Probate is initiated by the filing of a petition in the county where the deceased person lived.
Estate administration is a broader term involving the entire process of managing and distributing a deceased person's estate. While probate is a significant component, estate administration also involves handling non-probate assets, paying debts, and addressing tax matters. This multifaceted process requires a keen understanding of legal nuances to ensure a smooth transition.
In addition to estate planning, Scott Estate Law also provides legal representation in connection with the administration of decedents' estates. Upon an individual's death, responsibility for supervising the orderly disposition of the individual's affairs — including, among other things, the payment of debts and the distribution of property — generally falls under the jurisdiction of the local Register of Wills and/or Orphans' Court. The administration of probate estates in Maryland is governed by a series of substantive statutes, procedural rules, and principles of common law. Most individuals designate a trusted person in their Last Will and Testament to oversee the administration of their estate. In Maryland, these individuals are known as Personal Representatives.
Most Personal Representatives are ordinary individuals with little or no legal experience. In today's busy world, many Personal Representatives discover that fulfilling their duties can be stressful, time-consuming, and occasionally overwhelming, particularly in larger or more complicated estates.
For more than 70 years, Scott Estate Law and its predecessor firms have provided legal representation to Personal Representatives and family members in connection with estate administration matters, ranging from brief consultations to comprehensive representation throughout the probate process. As counsel to fiduciaries, our primary focus is protecting and advancing the interests of our clients. One of the first questions we address is whether a client should agree to serve as a Personal Representative in the first place. Rather than rushing to open a probate estate, we carefully evaluate whether serving as Personal Representative is in the client's best interests under the particular circumstances. Unless the client is also a beneficiary, heir, or legatee of the estate, we will often recommend against serving in that role. If the firm is retained and the decision is made to open a probate estate, Scott Estate Law provides experienced legal guidance designed to help Personal Representatives fulfill their duties, reduce unnecessary stress and administrative burdens, and limit potential legal liability. Personal Representatives can, for example, face potential liability in connection with the sale of real property, management of the decedent's investment portfolio, and/or failure to satisfy the estate's tax obligations. Additionally, Scott Estate Law can assist Personal Representatives in eliminating fraudulent creditor claims or reducing exaggerated claims, thereby preserving and increasing the value of the estate.
Contact a Probate Attorney in Towson Today
Navigating probate and estate administration can be overwhelming, but with the right estate lawyer in Maryland, you don't have to face it alone. At Scott Estate Law in Towson, attorney David Scott is dedicated to protecting your interests and guiding you through every step of the probate process. Contact us today using the online form or call 443-8001937 to schedule a consultation and get the trusted support you need.
