The loss of a family member brings a wave of grief and emotional upheaval that can make handling their final affairs feel overwhelming. As you navigate this difficult time, the last thing you want is to face a complex legal process filled with confusing paperwork, deadlines, and potential disputes. Many families in this position feel lost and anxious, fearing they will make a mistake that could dishonor their loved one’s wishes or create conflict among relatives. At Apol Law, LLC, we understand the heavy burden you carry. We provide the steady guidance and compassionate legal support necessary to lift that weight, allowing you to focus on healing while we handle the intricate details of estate administration.
What Is the Probate Process in Maryland?
Probate in Maryland is a court process that validates a will, settles a deceased person’s final affairs, and distributes assets. It begins when a family member or nominated representative files the will and petition for probate with the Register of Wills in the county where the decedent resided. The court then appoints a personal representative, or executor, to manage the estate, a role with significant legal responsibilities. Having a Severn probate lawyer is essential for guidance.
What Are the Duties of a Personal Representative?
As a personal representative, you have a fiduciary duty to act in the estate’s and beneficiaries’ best interests. This legal responsibility requires meticulous records and strict adherence to court compliance. Even unintentional errors can cause personal liability. Your primary responsibilities include:
- Identifying and creating a detailed inventory of all the decedent’s assets;
- Notifying all known creditors and potential heirs of the estate’s opening;
- Paying the decedent’s final debts, valid creditor claims, taxes, and all administrative expenses; and
- Distributing the remaining property to the beneficiaries named in the will or determined by state law.
Managing these tasks often requires more legal knowledge than a layperson has. Our firm can help you fulfill these obligations correctly and efficiently, protecting both you and the estate.
How Do You Open a Probate Estate in Severn?
To initiate probate in Severn, file a petition with the original will, a certified death certificate, and a list of interested persons. After court approval, Letters of Administration are issued, enabling the personal representative to manage the estate, access accounts, and sell property. Errors can cause delays, so a Severn probate attorney can help prepare and review documents for a smoother process.
Which Maryland Assets Must Go Through Probate?
There is frequently confusion around which assets are part of the probate estate. Not everything a person owns must go through the probate process. Maryland law distinguishes between probate assets and non-probate assets.
Probate assets are those owned solely by the decedent with no designated beneficiary. These typically include:
- Real estate titled only in the decedent’s name;
- Bank accounts held in the decedent’s name alone;
- Vehicles; and
- Personal property like furniture, art, and jewelry.
Non-probate assets, however, can bypass the court process and pass directly to a designated person. These often include:
- Assets held in a living trust,
- Life insurance proceeds with a named beneficiary,
- Retirement accounts like 401(k)s and IRAs with a beneficiary, and
- Property owned as joint tenants with right of survivorship.
An attorney can help your family correctly identify and categorize all assets to determine the true scope of the probate estate.
What Happens If Someone Dies Without a Will?
The law uses the term “intestate” to describe a person who dies without a valid will. In these situations, Maryland’s intestacy statutes dictate how to distribute the decedent’s assets. The law establishes a clear hierarchy of inheritance, prioritizing the closest living relatives, as follows:
- Surviving spouse or registered domestic partner with no children—the spouse inherits the entire estate;
- Surviving spouse or registered domestic partner and minor children—the spouse receives half of the estate, and the children receive the other half;
- Surviving spouse or registered domestic partner, along with adult children (who are the spouse’s children)—the spouse receives the entire estate;
- Surviving spouse or registered domestic partner and children (who are not the spouse’s children)—the spouse receives the first $100,000 plus half of the remaining estate, and the children inherit the rest; and
- No surviving spouse or registered domestic partner, but surviving children—the children inherit the entire estate.
If no immediate family exists, the law extends to distant relatives. Navigating an intestate estate can be emotionally and legally challenging, especially when identifying and locating all heirs. A Severn probate law attorney can provide invaluable assistance in these cases.
How Are Estate Disputes Resolved?
Unfortunately, the emotional burden of loss can sometimes cause disputes during the probate process. Conflicts may arise over the validity of a will, the interpretation of its terms, or the actions of the personal representative. These disagreements can strain family relationships and lead to costly and lengthy litigation.
Common grounds for contesting a will include:
- Lack of testamentary capacity—arguing that the deceased was not of sound mind when they signed the will;
- Undue influence—alleging that another person coerced or manipulated the deceased into making or modifying their will; and
- Improper execution—claiming the decendent did not sign the will or had it witnessed in accordance with Maryland’s legal requirements.
When disputes arise, a knowledgeable Severn probate lawyer is a crucial resource. We aim to resolve issues through negotiation or mediation to preserve family harmony. If the parties cannot reach an agreement, we will defend your rights in court and ensure your loved one’s wishes are respected.
Can a Probate Lawyer Help with Estate Planning?
Yes, absolutely. While a probate lawyer is essential for managing an estate after someone passes away, their expertise is also incredibly valuable for proactive estate planning. By planning, you can often reduce the complexity and costs associated with probate for your loved ones. We can help you create a comprehensive estate plan that might include a will, trusts, powers of attorney, and advance medical directives.
Why Choose Apol Law as Your Severn Probate Lawyer?
By working with Apol Law, you are choosing a probate advocate who uniquely combines scientific precision with personal resilience. Founded in 2013 by Tasnima Apol, a stage IV cancer survivor, parent, and former university researcher, Apol Law employs thorough, systems-oriented thinking in probate strategies while offering genuine empathy to families in Severn. Tasnima’s achievements include:
- Receiving the 2023 Anne Arundel Bar Association President’s Pro Bono Award,
- Serving as President-Elect of the Women’s Bar Association’s Anne Arundel County Chapter,
- Teaching at the Maryland State Bar Association Summit, and
- Establishing the Family Law Skills and Study Group to mentor newer attorneys.
We are here to help Severn families move estates forward with dignity, energized by a history of community service and a life story of an attorney who genuinely understands what is at stake.
Take the Next Step with Confidence
With the right legal team by your side, you can confidently navigate the administration of your loved one’s estate. We will handle the legal burdens so you can focus on what truly matters: honoring your loved one’s memory and supporting your family. Contact Apol Law today for a consultation to learn how our team of legal professionals can assist you and your family in moving forward.