Probate and Estate Planning

Estates and Probate

We have assisted testators and beneficiaries by supplying our advice and skill in the areas of estates and probate. We assist our clients in minimizing the time and money spent on estate administration and serve families facing the daunting task of administering their loved ones’ estates. We educate and guide our clients every step of the way in their own estate preparation.

What is Estate Administration?

When an individual dies, their assets may be transferred by way of contractual language, payable on death accounts, transfer on death property, life insurance, or via retirement benefits, while other assets may be transferred through court proceedings called “probate.” Most persons die owning assets which require some type of documentation to be filed with the Register of Wills in order to complete the transfer.

Depending on the type and location of a decedent’s assets, the assets are generally collected, maintained, and distributed among the decedent’s heirs, beneficiaries, and/or creditors according to the directions of the decedent as expressed through a Will and/or the laws of Maryland. This process is known as “probate” or the “administration of an estate.” It is prudent to consult an attorney to determine when administering a decedent’s estate, as well as to plan the administration of your own assets upon your death.

What are the duties of the Personal Representative/Executor?

When an individual dies, an estate may be opened by any interested person filing an application to administer the estate. This application is filed in the county in which the decedent resided at the time of his or her death. If a Personal Representative or “PR” (commonly known as an “executor” in some states) is not expressly named in a decedent’s Will, or if a named PR is unwilling or unable to perform these duties, the court will appoint a PR. It is the responsibility of the PR to administer the decedent’s estate and to account to the court for that administration. Because a PR who fails to perform the statutory duties is subject to removal by the court, it is advantageous to speak with an attorney if you are appointed as PR of an estate. Sometimes, a bond may be required of the PR to protect the beneficiaries and creditors of the estate and to insure proper administration.