Probate

Handling Probate Law needs and concerns

What is Probate? Probate is the legal process that takes place upon someone’s death. It involves proving the deceased's will is valid, identifying the deceased person's property and getting it appraised, paying outstanding debts and taxes, and distributing the property per the will or state law.

If you have been named in someone's will as their Personal Representative, you may need to begin a Probate Review. Letters of Administration is a legal document in which the court allows you the authority to distribute assets of the estate of the person who has died and in conformity with the instructions in the will.

A probate attorney can help you determine if the estate needs to go through the probate process according to state requirements.

The State of Maryland does not require that you have a probate attorney but many people choose to take advantage of the guidance offered by an experienced legal advocate. Failure to fulfill legal requirements could delay the distribution of assets or even result in personal liability or penalties.

If you are tasked or named as the Personal Representative for handling the estate for the deceased person, there are responsibilities required to satisfy the laws of State of Maryland, especially if the person owned any property in his or her sole name, regardless of value. This is true whether or not the deceased person had a Last Will and Testament. There would need to be a probate proceeding.

If the deceased had a Last Will and Testament, that document describes how the person's property will be distributed. When there is no Will, the State of Maryland has statues that determine how the property is distributed.

Mistakes can be costly and lead to disputes among family members. To ensure the process goes as smoothly as possible, it is wise to hire a probate attorney to help with the requirements and terminology of a probate processing that can seem foreign to the average person.

The average probate proceeding in Maryland takes approximately six (6) months to one (1) year from start to finish. The time may depend on circumstances such as; the time of year the person died (due to the need to file their final income taxes), assets that may be difficult to sell, the degree to which the deceased person’s records were organized, the diligence of the Personal Representative, and sometimes, whether family members can agree on how things should be done. A skilled attorney to supervise the probate process can help to resolve mismanagement of an Estate by someone else.

The Law Offices of Stephen F. Allen, P.C. has been providing quality legal representation at affordable prices for over 35 years; serving all Maryland Counties & or and the District of Columbia.