Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a licensed attorney for advice tailored to your situation.
Detailed Answer
When a person dies owning property across multiple Maryland counties or even in other states, you must coordinate probate in each relevant jurisdiction. Maryland law provides a framework for both primary and ancillary administrations to ensure all assets pass properly to heirs or beneficiaries.
1. Identify the Primary Probate Jurisdiction
The primary probate case generally opens in the Register of Wills in the county where the decedent was domiciled at death. The personal representative—known as the executor in a will or administrator without a will—files a petition, submits the original will (if any), and obtains Letters Testamentary or Letters of Administration.
2. Open Ancillary Proceedings for Out-of-County Real Property
If the decedent owned real estate in another Maryland county, the personal representative must obtain ancillary letters in that county’s Orphans’ Court. Maryland law on ancillary administration of property in additional counties is codified at Estates & Trusts § 7-201. You will:
- File a certificate of appointment from the primary county.
- Petition the Orphans’ Court where the out-of-county property lies.
- Obtain ancillary letters specific to that county.
3. Handle Out-of-State Assets
For real or personal property located outside Maryland, you must follow the probate laws of the state where the property is located. Most states allow an executor appointed in Maryland to seek ancillary appointment there. You will need certified copies of the Maryland probate order and local filings according to that state’s rules.
4. Use Small Estate Affidavits When Applicable
If the total personal property in Maryland falls below the statutory threshold (currently $50,000), you may avoid full probate by using a small estate affidavit. Under Estates & Trusts § 7-402, qualified heirs can collect assets by filing a sworn affidavit and providing notices to creditors.
5. Coordinate Creditor Notices and Tax Filings
In each jurisdiction, you must publish or mail required notices to creditors and monitor claim deadlines. You may also need to file state death tax returns if the estate exceeds Maryland’s exemption threshold.
Helpful Hints
- Begin with a complete asset inventory noting county, state, and value.
- Work with local counsel in each jurisdiction to navigate differing probate rules.
- Keep certified copies of all probate orders handy for ancillary filings.
- Track creditor deadlines separately in each county or state.
- Consider bonding requirements; some counties may require a bond for ancillary administrators.
- Stay organized with a calendar of filing dates, court hearings, and tax deadlines.
- Maintain clear communication with beneficiaries about multi-jurisdiction timelines.