Estate Administration/Probate

What is Probate?

Whether you are starting the probate process or are just curious about what it is like, it is important that you understand exactly what probate is and what it includes.

Estate administration, often called “probate,” is the legal process of gathering the assets and property of an individual who has passed away, assessing their debts, and distributing those assets to the rightful heirs. This includes:

• If they had a will: proving in court that a deceased person’s will is valid.
• Probate assets: identifying and inventorying the deceased person’s property.
• Value of those assets: having the property appraised (home, precious jewelry, art collections, home furnishings, etc.)
• Paying debts and taxes, and
• Distributing the remaining property as the will directs (or as state law directs if there is no will)

Who will inherit?

If the decedent died with a Last Will & Testament, we will follow the terms of the will to determine who will inherit, provided the estate is solvent and the assets and funds are available. If they died without a Last Will & Testament, they are considered to have died “intestate,” and Maryland law determines who inherits based on which heirs survived the decedent.

The role of the personal representative

The most important job of the personal representative is to take control of and diligently account for all of the assets in the estate. The probate process is not an easy task for anyone, and there are ways to make it more manageable – especially with the help of a licensed attorney. We specialize in helping you ensure that the administrative process is completed in a timely and appropriate manner, protecting you from making significant mistakes that could cost you, the estate, and the beneficiaries.

Moreover, we acknowledge that probate can be a challenging process, especially in the presence of family conflicts or when complex assets are involved. You don’t have to navigate this alone. Our dedicated Maryland Estate Administration/Probate Attorney, Elsa W. Smith, is here to offer her commitment and experience to support you through the estate management process.

To gain additional insight, we encourage you to view this brief video and the related content available on our website and social media.