Baltimore Probate Law Attorney MD
Wills, Estates & Trusts Division
So what specifically are probate attorneys?
As experienced Baltimore probate law attorneys we manage the filing of the last testament or will of the deceased. Sometimes we even mitigate and litigate disputes between family members that arise from the disposition of property.
You don’t have to wait until someone passes away to think about finding a probate attorney. When this happens, then there is a sense of urgency to hire a probate attorney. Rest assured, our team is well prepared to fully represent your estate and wind up the affairs of the deceased.
The Probate Process
Probate is a process that proves the will of a deceased person is valid, so their property can in due course be retitled (US terminology) or transferred to beneficiaries of the will.
As with any legal proceeding, there are technical aspects to probate administration:
1. Creditors must be notified and legal notices published.
2. Executors of the will must be guided in how and when to distribute assets and how to take creditors' rights into account.
3. A Petition to appoint a personal representative may need to be filed and letters of administration (often referred to as "letters testamentary") issued. A Grant of Letters of Administration can be used as proof that the ‘Administrator' is entitled to handle the assets.
4. Interested parties must be notified of the estate and its probate.
5. There are time factors involved in filing and objecting to claims against the estate.
6. There may be a lawsuit pending over the decedent's death or there may have been pending suits that are now continuing. There may be separate procedures required in contentious probate cases.
7. Real estate or other property may need to be sold to effect correct distribution of assets pursuant to the will or merely to pay debts.
8. Estate taxes, gift taxes or inheritance taxes must be considered if the estate exceeds certain thresholds.
9. Costs of the administration including ordinary taxation such as income tax on interest and property taxation is deducted from assets in the estate before distribution by the executors of the will.
10. Other assets may simply need to be transferred from the deceased to his or her beneficiaries, such as life insurance. Other assets may have pay on death or transfer on death designations, which avoids probate.
11. The rights of beneficiaries must be respected, in terms of providing proper and adequate notice, making timely distribution of estate assets, and otherwise administering the estate properly and efficiently.