Filing a Probate Petition in Maryland? We Can Help!

When someone passes away, one of the first legal steps is to file a petition to probate the estate. In Maryland, this process involves officially recognizing the decedent’s will (if one exists) and appointing a personal representative to handle the estate’s administration. While there is no time limit to open an estate in Maryland, once you start the process, the clock begins ticking, and certain deadlines and requirements must be met.

At Johannesmeyer & Sawyer, we understand how overwhelming it can be to handle the probate process, especially during a time of loss. We are here to guide you every step of the way and help ensure that the process runs smoothly.

Determining Your Estate Type

The first thing you will need to do is determine if the estate is a small estate or a regular estate. This classification impacts the forms you’ll need to file, as well as the timelines involved.

• Small estate: If the total assets subject to administration are valued at $50,000 or under, this qualifies as a small estate, which follows a more streamlined process. If the surviving spouse is the sole heir, the threshold increases to $100,000.
• Regular estate: If the assets exceed $50,000 (or $100,000 if the spouse is the sole heir), it is considered a regular estate, which will require more formal probate proceedings.

Understanding which category your estate falls into is essential for navigating the appropriate paperwork and timelines.

Appointment of Personal Representative

As part of petitioning for probate, one of the first steps is to appoint a personal representative to manage the estate. If the decedent left a will, they may have named a personal representative. If there is no will, or the nominated representative is unwilling to serve, the court will appoint one.

Once the personal representative is approved, the court will issue Letters of Administration, which grants them the legal authority to manage the estate, pay any debts, and distribute assets to the beneficiaries.

Need Help with the Probate Process?

At Johannesmeyer & Sawyer, we specialize in guiding families through the probate process in Maryland. Whether you are dealing with a small estate or a more complex regular estate, we can assist you in filing the necessary petitions, ensuring that the probate process is handled properly, and answering any questions you may have along the way.

Navigating probate can be tricky, but with our expertise, you can have peace of mind knowing that your loved one’s estate is in good hands.

Contact us today to discuss how we can assist you with petitioning for probate and the entire estate administration process.