The funeral is over, but now a new kind of stress is setting in. You may be looking at a stack of mail and bills addressed to your loved one, getting phone calls from relatives asking about the Will, and trying to figure out what to do with their belongings. You know you have to handle the estate, but the path forward looks like a maze of legal forms, confusing terms, and trips to a courthouse you’ve never seen. Managing your loved one’s estate adds to your grief; it’s a sudden, overwhelming administrative burden, and you are terrified of making a costly mistake. At Apol Law, LLC, we guide Crofton families through this very process. As your Crofton probate lawyer, we can ease this burden by managing court filings, deadlines, and legal requirements. Our team provides clear, steady guidance, allowing you to focus on your family.
What Is Probate in Maryland?
After a person passes away, their estate, which includes all their assets, such as their home, bank accounts, and personal property, must be legally settled. Probate is the formal court process for paying your loved one’s final bills and legally transferring those assets to the beneficiaries named in their Will. This translates into a series of required legal steps, paperwork, and court deadlines for you. It can be a confusing and slow process, which is why we manage every detail with precision and care.
Does Every Estate Need to Go Through Probate?
No. Maryland law categorizes property into two primary types: probate assets and non-probate assets. Your loved one’s Will and the probate court govern only probate assets. Non-probate assets avoid probate and go straight to a named beneficiary or co-owner.
Common examples include:
- Assets held in a revocable living trust,
- Property owned as joint tenants with right of survivorship,
- Bank or investment accounts with Payable on Death or Transfer on Death designations, and
- Life insurance policies and retirement accounts (such as 401(k)s or IRAs) with named beneficiaries.
Even if there are probate assets, Maryland offers a simplified process for smaller estates. An estate may qualify for small estate administration if its probate assets are $50,000 or less ($100,000 if the surviving spouse is the sole heir). All other estates must undergo regular estate administration, a more formal and lengthy process.
What Happens If Someone Dies Without a Will?
When a person dies without a valid Will, it is called dying intestate. In this situation, Maryland’s intestacy laws use a clear hierarchy to govern the distribution of the person’s assets. For example, if the person had a spouse and minor children, the spouse and children would split the estate. This legal formula does not consider the person’s wishes or relationships, which is why having a Will is crucial.
What Are the Responsibilities of a Personal Representative?
The court appoints the personal representative (sometimes called the executor) to manage the estate. This role is a fiduciary position, meaning there is a legal duty to act in the best interests of the estate and its beneficiaries. The core duties of a personal representative include:
- Collecting and managing estate assets, including the transfer of funds;
- Fulfilling any charitable commitments made by the deceased;
- Settling or negotiating claims, funeral expenses, taxes, and other costs;
- Insuring, investing in, or liquidating estate properties;
- Continuing the operation of the decedent’s business, if relevant;
- Honoring any contracts entered into by the decedent;
- Hiring experts for guidance or assistance in estate administration; and
- Distributing assets to beneficiaries in partial or final payments.
These responsibilities can be complex and carry personal liability if not managed properly. A Crofton probate attorney can provide invaluable assistance by preparing court filings, managing deadlines, and ensuring every step complies with Maryland law.
How Can a Crofton Probate Lawyer Help?
Seeing the list of duties can be overwhelming. Our role is to lift this entire administrative burden from you. While you remain the decision-maker, we handle the execution of every task on the list.
We prepare and file all court documents, manage all deadlines, and handle all communication with creditors and heirs. More importantly, we advise you on your complex fiduciary duties, help you navigate challenges such as valuing complex assets, and protect you from the personal liability that can arise from even the most minor mistakes. You can focus on your family while the team at Apol Law handles the process efficiently and accurately.
What If Estate Disputes Arise?
While many estates close smoothly, some encounter significant conflicts. When a probate matter becomes contentious, you need more than an administrative lawyer; you need a skilled Crofton probate law attorney to represent your interests. Common complications include:
- Will contests. An heir may challenge the Will’s validity, claiming the decedent lacked mental capacity, was subjected to undue influence, or that the Will is a forgery.
- Breach of fiduciary duty. Beneficiaries may accuse the personal representative of mismanaging estate funds, failing to protect assets, or showing favoritism.
- Creditor claim disputes. The personal representative may determine that a creditor’s claim is invalid, leading to a legal dispute over the debt.
- Will ambiguity. The Will may be valid, but beneficiaries can disagree on the meaning of a specific term or gift, necessitating the court’s interpretation of the decedent’s intent.
If you are a personal representative, we can defend you against misconduct claims and challenges to the Will’s validity. If you are a beneficiary who suspects wrongdoing, Apol Law can initiate a legal challenge to protect your inheritance. We are familiar with the specific rules of evidence and procedure that govern these disputes.
How Long Does the Probate Process Take in Maryland?
The timeline for probate varies. In Maryland, creditors have six months from the date the personal representative is appointed to file claims. Because of this, even the most straightforward cases take at least eight to nine months, while most regular estates average nine to 18 months. If the estate involves complex assets, tax issues, or any form of litigation, the process can last two or more years. A Crofton probate attorney helps keep your case on track by preventing unnecessary delays and ensuring that every deadline and requirement is met.
Why Choose Apol Law, LLC as Your Crofton Probate Lawyer?
Probate can be intimidating, but working with a law firm built on personal strength and community commitment can make the process easier. Apol Law, LLC, founded by Tasnima Apol, offers a unique combination of scientific discipline, legal expertise, and lived resilience to families in Crofton. Tasnima’s background in national laboratory research and technology startups has shaped her careful approach to legal strategy. Her recognition for pro bono work and bar leadership also shows her strong dedication to people. Thoughtful advocacy, not mass-produced legal work, defines this firm. In probate cases, your family gets guidance based on precision, care, and a fundamental understanding of your family’s legacy.
Get the Guidance You Need Today
You do not have to navigate the complexities of probate alone. By working with Apol Law, you can be confident that the estate is being handled correctly, professionally, and with respect for your loved one’s wishes. Let us manage the legal details so you can focus on what matters most. We are here to help you close this chapter and begin the next. Contact Apol Law, LLC to schedule a consultation and learn how we can support you through this process.