Probate and Trust Administration

Probate and Trust Administration2025-10-24T23:32:12+00:00

Navigating the Process with Clarity and Care

Compassionate guidance to settle estates efficiently, minimize conflict, and ease your burden.

Why Families Often Try to Avoid Probate

Probate isn’t always bad, but it can be:

  • Expensive – Court costs, attorney’s fees, and bond premiums can add up to thousands of dollars.

  • Time-Consuming – In Maryland, probate often takes 9–18 months or longer for larger estates.

  • Stressful – Family disagreements can easily spill over into litigation.

The good news? Smart estate planning can minimize or even avoid probate altogether.

What About Trust Administration?

If your loved one created a trust, probate may not be necessary. But that doesn’t mean nothing needs to be done. Trusts must still be:

  • Reviewed and interpreted according to their terms.

  • Properly funded (assets retitled into the trust’s name).

  • Managed by the successor trustee, who has legal responsibilities to the beneficiaries.

Many families are surprised to learn that trusts need ongoing administration — and if assets were never transferred into the trust, probate may still be required.

What Is Probate in Maryland?

Probate is a court-supervised process that:

  • Proves the validity of a will (if there is one).

  • Appoints a Personal Representative (also known as the Executor).

  • Requires an inventory of all assets.

  • Ensures debts, taxes, and expenses are paid.

  • Distributes the estate according to the will — or Maryland law, if there is no will.

If someone dies owning assets in their sole name, those assets generally must go through probate in Maryland.

Frequently Asked Questions (Maryland)

How does probate start in Maryland?2025-10-11T19:54:28+00:00

The nominated Personal Representative files the will (if one exists) and a Petition for Probate with the Register of Wills in the county where the decedent lived.

Who can serve as Personal Representative?2025-10-11T19:54:19+00:00

The person named in the will is usually appointed. If there is no will, Maryland law sets a priority list of eligible persons (beginning with the surviving spouse and children).

What assets are subject to probate?2025-10-11T19:54:10+00:00

Assets owned solely in the decedent’s name (real estate, bank accounts, vehicles, personal property) must pass through probate. Assets with joint ownership or beneficiary designations (such as life insurance or retirement accounts) usually bypass probate.

How long does probate take in Maryland?2025-10-11T19:54:02+00:00

It depends on the size and complexity of the estate. Small estates may be resolved in a few months; regular estates typically take 9–18 months or longer.

How much does probate cost?2025-10-11T19:53:55+00:00

Costs vary, but attorney’s fees, court fees, and personal representative commissions can add up to thousands of dollars — often 3–7% of the estate’s value.

What happens if my loved one had a trust?2025-10-11T19:53:41+00:00

If the trust was properly funded, assets in the trust can be administered without court involvement. However, the trustee is still legally responsible for following the trust terms and providing for the beneficiaries.

Can a Personal Representative be held personally liable?2025-10-11T19:53:46+00:00

Yes. Mishandling deadlines, taxes, or distributions can result in personal liability. Having legal guidance helps avoid costly mistakes.

How I Help

I provide:

  • Step-by-step guidance through the probate process.

  • Support for trustees handling trust administration.

  • Advice on reducing stress, costs, and potential conflict.

  • Compassionate counsel so you’re not navigating this alone.

Your Next Step

Whether you’re facing probate or trust administration, you don’t have to carry the burden alone.

We’ll discuss your situation, answer your questions, and outline your next best steps
with no pressure and no jargon.

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