Probate in Maryland | MD Legal Resources | FastCounsel

Maryland — What Happens to Mortgage Payments and Utilities While an Estate Is in Probate

FAQ: Who pays the mortgage and utilities while an estate is in probate in Maryland? Short answer: The estate’s personal representative (executor or administrator) is responsible for protecting estate property during probate. That usually means arranging mortgage and utility payments from estate funds if available, keeping insurance and utilities active to protect value, and communicating […]

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Maryland — How to Decide Which Assets to List on a Small Estate Affidavit

Understanding which assets to list on a Maryland small estate affidavit Short answer: List all property that was owned solely by the decedent at death and that is subject to collection through the small-estate procedure. Do not list assets that pass outside probate (for example, assets with named beneficiaries or surviving joint owners). If you […]

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Maryland: Finding a Missing Parent as Next‑of‑Kin During Probate

Detailed Answer Disclaimer: I am not a lawyer. This is general information, not legal advice. For guidance tailored to your situation, contact a Maryland probate attorney or the Register of Wills in the county where the decedent lived. When someone dies in Maryland and a likely heir (for example, a parent) cannot be found, the […]

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Maryland: Do You List Assets That Passed by Right of Survivorship on the Probate Inventory?

Do I need to include assets that passed by right of survivorship to my mother on the inventory? Short answer: Generally no. In Maryland, assets that pass automatically to a surviving owner by right of survivorship (for example, joint tenancy with right of survivorship or tenancy by the entirety between spouses) usually pass outside probate […]

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Maryland — How to Confirm a Bank Account Is Under the $20,000 Small Estate Limit

Understanding Whether a Bank Account Falls Under Maryland’s Small Estate Limit Detailed Answer In Maryland, before you use the small estate process to collect a deceased person’s bank account, you must determine the value of the decedent’s personal property at the date of death and whether that value is at or below the statutory threshold […]

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Maryland: Using a Small Estate Affidavit to Claim a Deceased Parent’s Bank Account

Detailed Answer This article explains how the small estate affidavit process in Maryland works when you need to claim a deceased parent’s bank account. It outlines who can use the affidavit, what documents you need, how to complete and present the affidavit to a bank, common pitfalls, and when to consider other options. What the […]

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Maryland — Do I Become Guardian of the Estate Automatically If I’m Appointed Guardian of the Person?

How Maryland Courts Treat Guardianship of the Person Versus Guardianship of the Estate Detailed Answer Short answer: No. In Maryland, being appointed guardian of the person does not automatically make you guardian of the estate (property). The court makes separate determinations about care (the person) and management of assets (the estate or property). A single […]

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Maryland — Do I Need to File a Federal Estate Income Tax Return if the Estate Made No Distributions?

Do I need to file a federal estate income tax return if the estate made no distributions? Detailed answer — federal and Maryland context Short answer: Usually no, you do not have to file a federal fiduciary income tax return (Form 1041) for an estate that produced less than $600 in gross income during the […]

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Transferring Brokerage Assets into an Estate Checking Account in Maryland

Detailed Answer This section explains, in plain language, how brokerage assets are moved into an estate’s bank account under Maryland law and what you must do to get that transfer completed correctly. Who controls the brokerage account after a person dies? When an account owner dies, the brokerage usually freezes the account to prevent unauthorized […]

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How to Sell a Co-Owned Property in Maryland to Cover Funeral and Property Taxes — FAQ

Detailed Answer If you and one or more people co-own real property in Maryland and you need to sell that property to pay for funeral expenses and outstanding property taxes, here are the practical steps, legal principles, and likely outcomes under Maryland law. This is an educational overview — not legal advice. 1) Identify how […]

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