Disclaimer: This content is for informational purposes and does not constitute legal advice.
Detailed Answer
When a person dies in Maryland with assets in their sole name, you must initiate an estate proceeding even if no probate case exists. Follow these steps to open a new estate proceeding:
Step 1: Determine If Administration Is Required
Review the decedent’s assets to see if they exceed Maryland’s small estate thresholds. If the personal property totals under $30,000 and real property is subject to liens, you may qualify for a simplified procedure under Estates & Trusts § 7-101. Otherwise, you need formal administration under Estates & Trusts § 8-101.
Step 2: Select the Proper Procedure
- Small Estate Affidavit: Use when eligible under §§ 7-101 et seq. You file an affidavit instead of a full probate.
- Formal Administration: Use when the estate exceeds small estate limits or if you need court supervision. File a Petition for Administration with the Register of Wills.
Step 3: Prepare and File Documents
For formal administration, submit these items to the Register of Wills in the county of the decedent’s last residence:
- Petition or Application for Administration (Md. Rules, Title 4, Forms 79 & 79A)
- Certified death certificate
- Original will (if one exists)
- Oath and acceptance of personal representative
- Bond (if required by the Register or under Estates & Trusts § 5-301)
- List of heirs and beneficiaries
The Register will review your filing, require notice to interested parties under Maryland Rule 4-611, and issue Letters of Administration.
Step 4: Administer the Estate
After appointment, the personal representative must:
- Secure and inventory assets (file inventory within 3 months)
- Notify and pay valid creditors within 90 days
- File estate tax returns, if applicable
- Distribute remaining assets to heirs or beneficiaries per the will or Maryland intestacy laws
Helpful Hints
- Check the local Register of Wills website for county-specific filing fees and forms.
- Keep a detailed record of all notices, bonds, and court filings.
- Consider professional advice if unexpected disputes or creditor claims arise.
- Meet all deadlines to avoid delays or court sanctions.
- Publish required notices under Maryland Rule 4-611 to inform unknown creditors.