Probate Process

The probate process can be confusing. To help explain the process, our Maryland estate planning attorney has provided a brief outline of information related to probate in Maryland and Washington DC. If you have more questions, please feel free to call now to speak with a Maryland will attorney at the Adams Law Office, LLC.

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THE PROBATE PROCESS

  1. File the last Will (including Codicils, if any) of the decedent (deceased person) with the Register of Wills in the county where the decedent was domiciled at the time of death.
  2. Select a Personal Representative before disposing of any assets.
  3. Petition to have Personal Representative appointed; receive Letters of Administration.
  4. Appraise estate assets.
  5. File the appropriate documents:Maryland Probate Information
    • Petition for Probate and Schedule A or B;
    • List of Interested Persons (those named in the Will and those who would inherit if there were no Will);
    • Consent to Appointment of Personal Representative (if someone other than the person named in the Will or otherwise entitled to appointment is applying);
    • Appointment of Resident Agent (if petitioner is not a Maryland resident);
    • Proof of Execution of Will if Will lacks an attestation clause;
    • Inventory and Information Report;
    • Notice of Appointment;
    • Bond;
    • Paid funeral bill; and
    • Copy of death certificate (obtain from Division of Vital Records)
    • First Account (due within 9 months from appointment of Personal Representative) (subsequent accounts must be filed as required until the estate is closed)
    • SMALL ESTATE – assets valued at $50,000 or less; $100,000 if the spouse is the sole legatee
    • REGULAR ESTATE – assets in excess of $50,000; $100,000 if the spouse is the sole legatee

    District of Columbia Probate Information

    • Petition for Administration of Small Estate
    • Certification of Filing Will
    • Notice of Appointment
    • Funeral bills(s) and receipts
    • SMALL ESTATE – assets valued at $40,000 or less
    • REGULAR ESTATE – assets in excess of $40,000