Probate happens after a death: the estate is administered, debts are paid and what remains goes to the heirs. Done badly, it delays distributions and exposes the personal representative to liability.
When probate is required
Maryland estates over $50,000 ($100,000 if the only heir is a spouse) go through regular probate. In D.C. it is required when the deceased held titled assets alone. Smaller estates have a simpler process.
- Transferring title to property held in the deceased’s name alone
- Paying creditors before anything is distributed
- Court oversight that protects the personal representative
What the personal representative has to do
The personal representative is named in the will or appointed by the court. The duties are the same either way.
Inventory the assets
Accounts, real estate, vehicles, business interests. Due within three months of appointment in Maryland.
Notify creditors
Newspaper notice plus direct notice. Creditors have six months to claim.
Pay debts and taxes
Bills, funeral costs, final income tax. We coordinate with your CPA.
Distribute the estate
Under the will, or intestacy law if there is none, with accounts filed.
How probate is set up
- File the petition. Register of Wills (MD) or D.C. Superior Court, with the will and death certificate.
- Appointment. The court issues Letters of Administration.
- Inventory and notice. Assets listed, creditors notified.
- Settle the estate. Debts paid, property transferred, accounts filed.
- Final distribution. Remaining assets go to the beneficiaries.
