Disclaimer
This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Detailed Answer
When a loved one passes away in Maryland, gathering key documents and certificates lays the groundwork for estate administration under Maryland Estates and Trusts Article §7-101 and following (E&T §7-101). Below is a checklist of essential materials:
- Original Death Certificate: Obtain multiple certified copies through the Maryland Department of Health’s Division of Vital Records. Courts and financial institutions often require originals.
- Last Will and Testament: Gather the decedent’s signed original will, any codicils, and safe‐deposit box keys if applicable. If no will exists, follow Maryland’s intestacy laws under E&T §3-101.
- Codicils and Trust Documents: Collect any amendments to the will and trusts—revocable or irrevocable—created during the decedent’s lifetime.
- Personal Identification: Provide the decedent’s birth certificate, Social Security card, and a government-issued photo ID for the personal representative to file with the court.
- List of Assets: Inventory real estate deeds, bank and investment account statements, retirement plans, life insurance policies, business interests, and personal property of significant value.
- Titles and Registration: Gather vehicle titles, boat registrations, and any other titled assets.
- Mortgage and Loan Documents: Include outstanding mortgages, home equity lines of credit, auto loans, and any promissory notes.
- Tax Records: Locate the decedent’s recent federal and state income tax returns, property tax bills, and any estate or gift tax filings.
- Insurance Policies: Retrieve homeowner’s, auto, umbrella, and long-term care policies to confirm coverage and beneficiaries.
- Credit Card and Utility Statements: This helps identify ongoing expenses during administration and potential creditors.
- Safe-Deposit Box Inventory: Obtain access to any safe-deposit boxes and inventory their contents in the presence of the bank manager.
Once collected, the personal representative (also called the executor) files a Petition for Appointment under Maryland Estates and Trusts Article §7-201 (E&T §7-201) along with these documents to initiate probate court proceedings.
Helpful Hints
- Request at least 10 certified death certificates to satisfy various institutions.
- Organize digital and paper copies separately to avoid loss.
- Check beneficiary designations on accounts—they override wills.
- Engage a probate attorney if the estate has out-of-state assets or complex trusts.
- Keep a detailed file of all correspondence and filings for court compliance.