Losing a family member is hard enough without a stack of court forms waiting for you. If your loved one lived in Bethesda, Silver Spring, Rockville, or anywhere else in Montgomery County, their estate will most likely pass through the Register of Wills for Montgomery County. Here is a plain English look at how that process works and where families tend to get stuck.

What Probate Actually Is

Don't feel embarrassed that you don't know. It's not every day that you deal with Probate Estate planning attorney Montgomery County MD. 

Probate is the court supervised process of settling a person's affairs after death. In Maryland it runs through the Register of Wills, with the Orphans' Court stepping in when disputes arise. The process generally covers:

  • Filing the original will with the Register of Wills
  • Appointing a personal representative, often called the executor
  • Identifying, valuing, and protecting estate assets
  • Giving notice to heirs, legatees, and creditors
  • Paying valid debts, final taxes, and administration costs
  • Distributing what remains to the people named in the will, or to heirs under Maryland law if there is no will

Estate planning attorney Montgomery County MD But, please understand. Not everything goes through probate. Assets with a named beneficiary or a surviving joint owner, such as life insurance, retirement accounts, and property held jointly with rights of survivorship, usually pass outside the estate entirely. It can get confusing which is why you must have an estate administration attorney. 

Where Montgomery County Filings Go

What you need to know in terms of knowing "where" to go.  The Register of Wills for Montgomery County is located at 50 Maryland Avenue, Room 3220, in Rockville. A few practical notes:

  • Office hours run 8:30 a.m. to 4:30 p.m., Monday through Friday
  • Staff ask that you call ahead before coming in to open a new estate
  • Filings may be submitted in person, by mail, or through the courthouse dropbox
  • The original will should be filed promptly after death, even if no estate is ultimately opened

Small Estate or Regular Estate is the question

Maryland sorts estates onto two tracks, and the value of the probate assets decides which one applies:

  • Small estate: gross probate assets of $50,000 or less, or $100,000 or less when the surviving spouse is the sole heir or legatee
  • Regular estate: anything above those limits

One thing to be sure to be aware of, small estates move faster, involve fewer filings, and currently carry no fee to the Register of Wills. Regular estates ask more of you, including a formal inventory, periodic accountings, and a graduated fee based on the value of the estate.

The Timeline Most Families Should Expect

  • Creditors generally have six months from the date of death to file claims
  • The personal representative files an inventory within three months of appointment
  • A first accounting is due within nine months of appointment
  • Most regular estates close somewhere between nine and eighteen months

Estates that include real property, a business interest, an asset in another state, or a family disagreement routinely take longer.

Common Trouble Spots to Be Aware Of. It Happens

  • Original wills that cannot be found, or that were never properly signed and witnessed
  • Real estate that has to be sold, insured, and maintained before anyone is paid
  • Maryland inheritance tax, which reaches 10 percent for beneficiaries outside the immediate family, such as nieces, nephews, cousins, and friends
  • Personal representatives who distribute money before debts and taxes are settled, which can leave them personally on the hook
  • Siblings who disagree about property, valuations, or who should be in charge

When to Bring in a Lawyer

Just be sure to know that you are not required to hire counsel to open an estate, and plenty of families handle a straightforward small estate on their own. Working with a probate attorney makes sense when the estate holds real property, when a will is challenged, or when serving as personal representative starts to feel like a second job. A good attorney will be with you every step of the way and explain things in a way that is easily understandable. 

The Law Office of Brian Gormley, LLC guides families in Maryland, DC and Virginia through probate and estate administration as well as across Montgomery County where its Bethesda office is located.  7910 Woodmont Avenue, Suite 600. Call (240) 891-4500 to talk through where your estate stands and what needs to happen next.