Probate and Estate Administration | Leffler, Bayoumi & Oliver, LLC

Understanding Probate in Maryland

Probate is the legal process of administering a deceased person's estate. This includes validating the will (if there is one), identifying and valuing assets, paying debts and taxes, and distributing property to beneficiaries. Not all assets are required to pass through probate.

At Leffler, Bayoumi & Oliver, LLC, we guide clients through every stage of Maryland's probate system. We regularly represent personal representatives (also known as executors or administrators) in managing estate administration, and we also advise beneficiaries, interested persons, and creditors to ensure their rights and interests are protected. Our goal is to help estates be settled properly, efficiently, and with as little conflict as possible.

Types of Probate in Maryland

Maryland offers different probate procedures depending on the estate's size and complexity:

Small Estate (Under $50,000)

For estates with assets valued at less than $50,000 (or $100,000 if the sole heir is the surviving spouse), there is a simplified estate administration process. It usually involves making an initial filing, and no further ongoing court requirements. Currently there is no probate fee in Maryland for small estate administrations. Small estates close six (6) months after the estate is opened.

Regular Estate

For larger estates, a more thorough probate administration is required. This typically involves making various court filings disclosing certain information by specific deadlines and requires court approval for distributions and other actions the personal representative may need to take in order to satisfy their obligations in a regular estate administration. While most regular estates close between 8-18 months, depending on the complexity of the assets and liabilities, regular estates can remain open for years.

Modified Administration

Under certain circumstances, a regular estate can apply to be a "modified" administration, which provides for a more simplified disclosure process and shorter administrative deadline.

The Probate Process

Maryland probate typically follows these steps:

1. Filing the Petition

The process starts with the personal representative filing the original will (if any) with the Office of the Register of Wills, along with a petition for probate and an original death certificate. The Office of the Register of Wills is the administrative office located at the circuit court that oversees the estate administration. They work closely with the Orphans' Court to facilitate the administration of an Estate. The Orphans' Court is responsible for approving certain acts of the personal representative and generally hears estate disputes. Depending on the jurisdiction, a sitting judge of the circuit court, or a panel of lay-judges, serves as the judges of the Orphans' Court.

2. Appointment of Personal Representative

After the Office of the Register of Wills receives the submission, they perform a cursory review of the petition, and the Register of Wills then appoints the Personal Representative. Letters of Administration, the court order which authorizes a personal representative to act, is then issued. If the Estate is a Regular Estate, a bond will need to be secured. In Maryland, even if a will waives this requirement, a nominal bond is at least required.

3. Notice to Interested Parties

When the Estate is opened, all of the known heirs and legatees (which is a beneficiary under a Will) are notified by the Office of the Register of Wills about the Estate having been opened. The Office of the Register of Wills submits a Notice to a local publication which notifies all creditors and unknown heirs that the Estate has been opened and informs them of their rights to file a claim with the Estate. The fee for this publication is paid by the Estate and is typically between $45-$250.

4. Inventory and Valuation

The first big task for the personal representative after they are appointed is to identify all of the probate assets of the decedent and their respective date of death values. Many assets require formal appraisals and in the case of firearms, additional measures are required to ensure compliance with state and federal laws. Within three (3) months after the personal representative is appointed, this information needs to be filed as part of a formal inventory.

Along with the filing of the Inventory, the personal representative will need to file a document, called the Information Report, that discloses information so the Office of the Register of Wills can know whether any inheritance tax may be owed and/or whether there may be probate proceedings related to the decedent in different states.

5. Estate Administration

Over the period following the filing of the Inventory and Information Report, the personal representative will manage and protect the estate assets. After all of the known and valid creditors are known, the personal representative will pay those creditors. The personal representative is also responsible for filing the decedent's final tax returns, and when appropriate, tax returns on behalf of the Estate. It is also critical that the personal representative maintains accurate records regarding all estate matters, assets and liabilities.

6. Accounting and Distribution

No later than nine (9) months after the Estate is opened, the personal representative will have to prepare an accounting to file to the court showing what has happened with all of the assets since the decedent passed away. Depending on the circumstances, there may be additional accountings every six (6) months after the court approves the prior accounting. Each accounting requires approval of the Orphans' Court.

After there is nothing left to do but to pay any final expenses and make distributions, the personal representative files a final accounting with the court. Upon the court's approval of that accounting, the personal representative pays the approved final expenses and distributions to the legatees. Then, and only then, does the Estate close.

Duties of the Personal Representative

The personal representative (executor or administrator) has significant responsibilities:

Fiduciary duty: Act in the best interests of beneficiaries
Asset protection: Secure and preserve estate property
Debt payment: Pay legitimate claims in proper order
Tax compliance: File all required tax returns
Recordkeeping: Maintain detailed records of all transactions
Communication: Keep beneficiaries informed
Court compliance: Meet all deadlines and filing requirements

Assets Subject to Probate

Not all assets go through probate. Assets that typically require probate include:

Real estate held solely in the deceased's name
Bank accounts without beneficiary designations
Investment accounts held individually without beneficiaries or payable on death payees
Personal property (vehicles, jewelry, furniture)
Business interests that have not been part of a business succession plan which would be designed to avoid probate

Non-Probate Assets

These assets pass outside of probate:

Life insurance with named beneficiaries
Retirement accounts with beneficiary designations
Jointly held property with right of survivorship
Assets in living trusts
Payable-on-death accounts
Transfer-on-death securities

Creditor Claims

Personal representatives must handle creditor claims properly. Only certain debts may be considered valid. If the debt was incurred by the decedent before their death and can be substantiated, or are valid tax liabilities, they are likely valid. However, if the creditor fails to make a claim against the Estate within six (6) months after the decedent's death, for the most part, there is no obligation to pay that claim. If the Estate does not have sufficient funds to cover all valid debts, there is an order of priority as to which debts are to be paid first. It is imperative that the personal representative understands the distinction between valid and invalid claims, and timely files any disallowances of claims they believe to be invalid.

Priority of Claims

Maryland law sets a specific priority for how claims against an estate must be paid, and personal representatives are required to follow this order if there are not sufficient funds to cover all of the expenses of an estate and the valid debts of the decedent.

Fees due to the Register, if any, such as the probate fee for a regular estate administration.
Costs of administering the estate, such as the costs to employ an accountant and to file tax returns, postage, publication and bond fees.
Personal representatives commissions and/or attorney's fees in compliance with the maximum statutory allowance and Maryland law.
Family allowances. Surviving spouses are entitled to $10,000 and unmarried minor children are entitled to $5,000 each.
Taxes due by the decedent.
Reasonable medical, hospital, and nursing home expenses of the last illness of the decedent.
Up to 3 months of unpaid rent by the decedent.
Wages, salaries, or commissions for services performed for the decedent for up to three months prior to their death.
Certain public assistance paid on behalf of the decedent.
All remaining unsecured debts and other claims are paid afterward.

Understanding this hierarchy is important, as it directly affects which creditors are paid first and how much may ultimately be available for beneficiaries.

Contested Probate Matters

Disputes can arise during estate administration, particularly when questions emerge about the validity of a will, inheritance rights, fiduciary conduct, or creditor claims. These conflicts often involve both complex legal issues and sensitive family dynamics.

Intestate Succession

When someone dies without a valid will, Maryland's intestate succession laws determine how their estate is distributed. Rather than following personal wishes, the law directs assets to surviving family members according to a statutory formula. In general, a surviving spouse and children receive priority, with the spouse receiving either the entire estate or a defined share depending on the family structure. If there are no spouse or children, assets pass to parents, then siblings, and then more distant relatives. Because these default rules may not reflect a person's intentions or the needs of a blended or modern family, relying on intestacy often leads to unintended outcomes.

Our Probate Services

At Leffler, Bayoumi & Oliver, LLC, we guide individuals and families through every stage of the probate and estate administration process with clarity and care. We counsel personal representatives on their legal and fiduciary responsibilities, prepare and file all required court documents, assist with identifying and valuing assets, manage creditor claims, and address tax planning and compliance to ensure the estate is administered efficiently and correctly. We also coordinate distributions to beneficiaries and help resolve questions or complications that arise along the way, often in collaboration with tax and financial professionals. When disputes occur, our experienced estate litigation team provides thoughtful, strategic representation in contested probate matters. For smaller estates, we offer streamlined procedures designed to minimize time and expense.

Probate and Estate Administration Attorneys