PROBATE
Probate is the legal process of administering a deceased person’s estate. In Maryland, each county has an Orphans’ court that supervises probate to ensure that all valid claims and taxes are paid and to ensure that timely distribution of the assets is made to the beneficiaries named in the Will or to the heirs at law. A Personal Representative is appointed by the court to handle the administration of the probate. The Personal Representative is responsible for collecting and appraising the assets of the estate; filing an Inventory with the court; paying claims, taxes, and expenses of administration; filing interim Accounts; and distributing the assets to the designated beneficiaries or heirs. As this is often a difficult time for family members, we can assist the named Personal Representative with all those duties. Please contact us should you need assistance with any of the following:
Small Estate Administration | Regular Estate Administration | Modified Administration | Judicial Probate | Will Contest/Caveat | Claim Dispute/Disallowance | Medicaid Recoveries Exemptions/Hardship Waiver Requests
Small Estate Administration
A small estate is an estate with a total value of $30,000 or less ($50,000 or less if the sole heir or legatee is the surviving spouse). There are fewer filing requirements in a small estate administration and oftentimes the estate can be closed quickly.
Regular Estate Administration
Regular Estate Administration deals with estates that are too large to qualify as a small estate. In this case, the Personal Representative, must file a formal Inventory of the assets as of the date of death and follow-up Accounts every six (6) months until final distribution of all estate assets.
Modified Administration
Finally, there is Modified Administration, which may be elected within three months of the opening of a regular estate. In order to qualify for modified administration, all the residuary beneficiaries – those persons named in the decedent’s Will or a person’s heirs, must be either the Personal Representative, surviving spouse, or children. Modified Administration is a much quicker option, but if any deadline is missed, the Estate will revert to a regular estate administration.
Judicial Probate
Instead of being performed by the Register of Wills as in most cases, Judicial Probate is litigated before the Orphan’s Court in cases where administrative probate is barred.
Will Contest/Caveat
If the validity of a person’s last will and testament is in question, there is the option to contest it, which is known as a Caveat Proceeding. The contester must file a Will Contest demonstrating explicitly that this is actually against the will of the deceased or that the Will has not been legally or properly enacted.
In these Caveat proceedings, the one who is defending the Will must ensure and attest that the one who created the Will did so with adequate mental capacity. At this point, the one contesting the Will must demonstrate that the Testator was not of adequate mental capacity; that there is a more recent Will; or that the writer of the Will was subject to duress or undue influence while creating the document.
If the Caveator is successful in overturning the Will, it then becomes void.
Claim Dispute/Disallowance
Generally, creditors have a certain timeframe in which to file claims against a person’s estate. If the creditor does not file the claim timely, the creditor is not entitled to payment. Once a probate claim is made, the personal representative may opt to allow or disallow the claim. If the personal representative disallows the claim, then the creditor has a specified period of time in which to file suit or petition the Orphans’ Court for allowance of the claim. If the creditor fails to act timely, then the claim is forever barred. On the other hand, if the personal representative does nothing, the creditor can petition the Orphans’ Court for payment of the claim.
Please contact our knowledgeable attorneys to assist you in disputing or resolving a claim.
Medicaid Recoveries Exemptions/Hardship Waiver Requests
If the State of Maryland, Department of Health and Mental Hygiene has filed a Medicaid claim for recovery against a loved one’s estate, our experienced attorneys can assist you in negotiating an exemption or hardship waiver.
