Disclaimer: This article is for educational purposes and does not constitute legal advice.
Detailed Answer
In Maryland, administering a deceased person’s estate requires filing probate documents with the Register of Wills and publishing notices to creditors. Below is a step-by-step outline.
1. Gather Key Documents
- Obtain certified copies of the death certificate from the Maryland Division of Vital Records.
- Locate the decedent’s original will, if one exists.
- Compile a list of assets, liabilities, and known creditors.
2. File the Probate Petition
- Visit the Register of Wills office in the county where the decedent resided.
- Complete a Petition for Grant of Administration (intestate) or Petition for Probate of Will and Issuance of Letters Testamentary.
- Submit the original will, death certificate, petition, and any required bond.
- Pay the filing fee (varies by county).
- Receive Letters of Administration or Letters Testamentary appointing you as personal representative.
3. Notify Known Creditors
- Within three months of appointment, mail written notice to each known or reasonably ascertainable creditor.
- Include the estate name, personal representative contact, and claim deadline (typically six months from publication).
See Md. Code, Est. & Trusts § 7-201.
4. Publish a Creditor Notice
- Within 30 days of probate appointment, place a notice in a newspaper of general circulation in the county.
- Publish once a week for three consecutive weeks.
- Notice must state the decedent’s name, estate number, and claim deadline (six months from first publication).
See Md. Code, Est. & Trusts § 7-202. - Obtain an affidavit of publication from the newspaper.
5. File Proof of Notice
- Submit the newspaper’s affidavit of publication to the Register of Wills.
- File a certificate or affidavit confirming mailing to known creditors.
Helpful Hints
- Verify all deadlines with your local Register of Wills office.
- Choose a newspaper that provides an official affidavit of publication.
- Send creditor notices via certified mail and keep tracking receipts.
- Maintain organized records of filings, mailings, and publications.
- Consider consulting a probate attorney for estates with complex assets or disputes.