Estate Planning

Maryland law requires that anyone in possession of the Will of a deceased individual must file that Will promptly with the Maryland Register of Wills in the county where that individual lived at the time of death, even if no probate is required. If there is to be a probate, the Personal Representative (or Executor) of the Will must complete the probate process before distributing the decedent’s assets to the beneficiaries.

Developing an estate plan that can prevent the need for probate is simple when you work with professional Maryland estate planning lawyers at Esworthy Law.

Get Legal Guidance in the Probate Process

The probate process is one supervised by the court that exists to:

1. Confirm the validity of the Will.
2. Determine the value of the decedent’s assets.
3. Handle the payment of final debts.
4. Ensure proper distribution of the remaining estate to stated beneficiaries.

Navigating Probate With a Trusted Attorney

Probate is a process known to be drawn out and complicated. If you are the Personal Representative of a spouse or loved one’s estate, you will have many duties that could include:

• Organizing and collecting financial records
• Securing property
• Notifying various agencies of the decedent’s death
• Determining what type of estate to open
• Filing legal and tax documents
• Deciding which creditors and expenses must be paid
• Determining value of assets
• Confirming which taxes are due

Mistakes during any of these responsibilities can delay the final distribution of assets, and significantly increase probate expenses. A Personal Representative can be held personally liable for debts if the estate is not probated correctly.

Ensuring a Smoother, Quicker Probate Process

The probate process can be lengthy because various forms need to be filed, consents obtained and assets located and appraised, and this process alone can take some time. Probate can be an even more lengthy process if the beneficiaries have disagreements over the Will or the distribution of assets. The number of beneficiaries and their physical location can also impact the speed of the probate process, as can the need to file tax returns, locate missing heirs.

Esworthy Law can guide you through the entire probate process in an efficient, professional and stress-free manner. With years of experience in estate planning and probate services, we are able to ensure that the settling of your loved one’s estate will proceed in the quickest and most cost-effective way possible.