The Maryland Estate Administration Process

When a loved one passes away, the estate typically needs to go through a process called probate or estate administration that is overseen by the court. The deceased person’s assets are managed during this procedure, and the remaining property is distributed after the debts have been settled. A successor trustee will take action to administer the distribution of the deceased person’s assets if their assets were owned by and titled in a well-drafted and adequately funded revocable living trust. This will likely prevent the need for a court-managed administration. The size and complexity of the estate, as well as the regional regulations and the probate court’s schedule, will all affect how long it takes to complete the probate process.

A decedent’s assets are gathered, his or her debts are settled, and then the remaining assets are distributed to the decedent’s heirs or beneficiaries through the court-supervised legal process known as probate or estate administration.  Here’s a typical process:

• A petition is filed with the proper probate court.
• Notice is provided to the beneficiaries under the Will.
• The petition seeks the appointment of a Personal Representative.
• The personal representative may have to file an Inventory and appraisal of the estate assets.
• The debts owed to creditors are paid out of the assets in a statutory order of priority.
• Estate assets may be sold.
• Estate taxes, if applicable, will be paid.
• Remaining assets are distributed to the beneficiaries/heirs.

The Personal Representative  files a Petition for Discharge with the court, requesting to be formally released from his or her duties after paying all debts, submitting the necessary tax returns, and distributing all of the estate’s assets. The court will grant the discharge if it finds that the Personal Representative  has completed all necessary tasks. This will close the estate and release the Personal Representative of liability.