When someone in Maryland passes away, the person’s estate must be administered in the probate court. The term “administrative probate” refers to the process of opening an estate file, appointing a personal representative to administer the estate according to a will or according to Maryland’s laws of intestate succession if the person died without a will or trust.
The person who died is called the “decedent” throughout the process. “Estate administration”means collecting the property of the decedent, paying off all of the debts, paying the expenses, filing the necessary forms and then distributing assets to the appropriate beneficiaries. The “personal representative” is the person the court appoints to handle the estate. The will may specify who should serve in this role. It is also sometimes called the “administrator” or the “executor”.
To determine where to start the process, the court looks at where the decedent was domiciled. “Domicile”is where the decedent last lived and intended as his permanent home. “Residence”refers to where the decedent lived at the time of death regardless of whether he considered that a permanent home.
If the decedent created a valid will then he is known as the “testator” of the will. If no valid will or trust was created, then he is considered to have died “intestate”.There are several laws that provide for how to administer an intestate estate.
A “claimant” is a person, business or other entity that files a claim with the court alleging that the decedent’s estate owes it money. All valid claims must be paid in order of “priority” which is established by Maryland’s probate laws. A “beneficiary”is someone named to inherit assets under the will. The “bequest” is the term used to describe the property that will be transferred to the beneficiary. A general bequest refers to a broad category of assets such as ‘all my real property’. In contrast, a “specific bequest” refers to a very specific item intended for a specific beneficiary. An example of a specific bequest would be ‘my 1971 corvette convertible’.
The Maryland probate process allows for a simpler, faster method of administration for estates considered to be small estates. A “small estate” is defined as having a gross value of $50,000 or less OR $100,000 or less if the surviving spouse is the sole beneficiary.
Becoming familiar with the legal terminology of Maryland estate administration helps personal representatives and beneficiaries navigate the process more smoothly. For legal assistance in administering a Maryland estate, contact the knowledgeable estate administration attorneys at Stouffer Legal in the Greater Baltimore area. You can schedule an appointment by calling us at (443) 470-3599, emailing us at office@stoufferlegal.com, or register for an upcoming free webinar using the link below:
https://attendee.gotowebinar.com/register/7199478310321805069
https://attendee.gotowebinar.com/register/5722922155149226253
https://attendee.gotowebinar.com/register/7171254946348802829
https://attendee.gotowebinar.com/register/8534341501534898445
https://attendee.gotowebinar.com/register/608666963851128333
