IF THE DECEDENT IS SURVIVED BY: ​ Surviving Minor Child: Spouse or Registered Domestic Partner ½ and Minor (and other Children) ½ Surviving Adult Children of both the Decedent and Surviving Spouse or Registered Domestic Partner: Whole Estate Surviving Adult Children of Decedent not also Children of the Surviving Spouse or Registered Domestic Partner Spouse or Registered Domestic Partner - First $100,000 plus ½ of residue Children - Balance of residue NOTE: Parents no longer receive if there is a Surviving Spouse or Registered Domestic Partner

Not always, but with careful planning, your beneficiaries might be able to avoid the probate procedure. Your estate plan will determine if probate is required.

As Maryland probate attorneys we offer families and individuals legal guidance and support during the estate administration process. In addition to assisting with the management of the estate's assets and liabilities, we often assist with the filing of wills and other legal documents. We also offer guidance on dealing with tax matters and allocating the estate's assets to the right beneficiaries. As Probate attorneys we can also be used to resolve beneficiary disputes as well as represent the estate in court, if necessary.

In Maryland, the probate process can take a year or more. After the date of death, creditors have six months to file a claim. Probate must be open for at least six months after the assets have been divided so that a creditor can file a claim. If the will is challenged or other delays occur, it might take considerably longer. Even with a smaller inheritance, creditors must be given a minimum of seven to nine months' notice.

As the personal representative of an estate during the Maryland Estate Probate Process, there are several key responsibilities that need to be fulfilled. Here is a list of responsibilities for the personal representative: 1. Gather and safeguard estate assets: Identify, locate, and secure all assets owned by the decedent, including real estate, bank accounts, investments, personal property, and other valuable possessions. 2. Prepare and file the Petition for Probate: Work with our attorney to prepare and file the Petition for Probate with the appropriate Maryland court to initiate the probate process and obtain legal authority to administer the estate. 3. Notify interested parties: Provide notice to beneficiaries named in the will, potential heirs, and known creditors about the probate proceedings and their rights within the process. This may include publishing a notice to creditors in a local newspaper. 4. Create and maintain detailed records: Keep accurate records of all financial transactions, including income, expenses, and distributions made during the probate process. This includes maintaining receipts, invoices, bank statements, and other relevant documents. 5. Inventory and appraisal: Work with our attorney to compile a comprehensive inventory of the decedent's assets and their values. This may involve obtaining appraisals for certain assets to determine their fair market value as of the date of death. 6. Settle outstanding debts: Notify creditors of the decedent's passing and review and validate any claims submitted. Negotiate and settle legitimate debts using available estate assets, ensuring the fair treatment of creditors. 7. File necessary tax returns: Collaborate with our attorney and potentially a tax professional to prepare and file any required tax returns, such as the federal estate tax return (Form 706) or Maryland estate tax return, if applicable. 8. Distribute assets to beneficiaries: Once all debts, taxes, and administrative expenses have been settled, distribute the remaining assets to the beneficiaries named in the will or, in the absence of a will, in accordance with Maryland law. Ensure proper documentation and transfer of assets. 9. Prepare a final accounting: Work with the attorney to prepare a final accounting, which provides a detailed report of all financial transactions and distributions made during the probate process. 10. Obtain court approval and close the estate: Submit the final accounting and any other required documentation to the court for review and approval. Once the court approves, file the necessary paperwork to officially close the estate and be released from personal representative duties. It's important to note that the personal representative may have additional responsibilities based on the specific circumstances of the estate. Working closely with an experienced estate planning and probate attorney can help ensure that all responsibilities are fulfilled correctly and efficiently.