Serving Maryland & Washington, D.C.
Probate
When a loved one passes, the last thing your family should have to navigate alone is a court process. I guide personal representatives and families through Maryland and D.C. probate with clarity, efficiency, and compassion.
Probate — Estate Administration
What is probate?
Probate is the court-supervised legal process of administering a deceased person's estate — validating their will (if one exists), identifying and inventorying assets, paying debts and taxes, and distributing what remains to the rightful beneficiaries.
Not every asset goes through probate. Assets held in a trust, accounts with named beneficiaries (like life insurance or retirement accounts), and jointly owned property typically pass outside of probate. But assets held solely in the deceased's name — a bank account, a home, an investment account without a beneficiary designation — must go through the process.
Maryland and D.C. each have their own probate procedures, timelines, and filing requirements. I handle both.
How the probate process works
File with the Register of Wills
Within 30–90 days of deathThe personal representative (executor) files the will and a petition to open the estate with the Register of Wills in the county where the deceased lived. In D.C., this is filed with the Probate Division of Superior Court.
Inventory the estate
3 months after appointmentIdentify, locate, and value all probate assets — real property, bank accounts, investments, personal property, and any other assets held in the deceased's name alone.
Notify creditors
6-month creditor claim periodPublish a notice to creditors in a local newspaper and notify known creditors directly. Creditors have a limited window to file claims against the estate.
Pay debts, taxes, and expenses
During administrationValid creditor claims, funeral expenses, estate administration costs, and any applicable estate or income taxes are paid from estate assets before distribution.
Distribute to beneficiaries
After creditor period closesAfter all debts and expenses are paid, remaining assets are distributed to beneficiaries according to the will — or, if there is no will, according to Maryland or D.C. intestacy law.
Close the estate
9–18 months total (typical)File a final accounting with the court showing all receipts, disbursements, and distributions. Once approved, the estate is formally closed and the personal representative is discharged.
What I handle for you
As your probate attorney, I manage the legal side of estate administration so you can focus on your family. Here's what that includes:
Small estate administration
Not every estate requires full probate. Maryland and D.C. both offer simplified procedures for smaller estates — saving time, money, and court appearances.
Maryland
Small Estate Procedure
Available when the gross estate value is $50,000 or less ($100,000 if the surviving spouse is the sole heir). Uses a simplified filing process with the Register of Wills — no full probate required.
Threshold: $50,000 / $100,000
Washington D.C.
Summary Administration
Available for estates valued at $40,000 or less. Allows collection of assets through an affidavit procedure without opening a full probate estate in Superior Court.
Threshold: $40,000
When probate gets complicated
Most probate matters are straightforward — but some estates involve complications that require experienced legal guidance. I handle:
Will contests
A beneficiary or heir challenges the validity of the will based on lack of capacity, undue influence, or improper execution.
Creditor disputes
Creditors file claims that are improper, inflated, or time-barred — requiring review and formal objection.
Missing beneficiaries
A named beneficiary cannot be located, requiring court approval for alternative distribution.
Out-of-state property
The deceased owned real property in another state, requiring ancillary probate proceedings in that jurisdiction.
Insolvent estates
The estate's debts exceed its assets — requiring careful prioritization of creditor payments under state law.
Family disputes
Beneficiaries disagree about asset valuation, distribution, or the personal representative's conduct.
Common questions
How long does probate take in Maryland?
A typical Maryland probate estate takes 9–18 months from opening to closing. The creditor claim period alone is 6 months. Contested estates or those with complex assets can take longer. Small estate procedures can be completed in a matter of weeks.
Do I need an attorney to go through probate?
Maryland and D.C. do not require an attorney for probate, but the process involves court filings, legal deadlines, creditor notices, tax considerations, and personal liability for the personal representative. Most families find that having an attorney saves time, reduces stress, and prevents costly mistakes.
What is a personal representative and what are their responsibilities?
A personal representative (called an "executor" in some states) is the person appointed by the court to administer the estate. They are responsible for gathering assets, paying debts, filing tax returns, and distributing assets to beneficiaries — and they can be held personally liable for mismanagement.
What if there is no will?
If the deceased died without a will (intestate), the court appoints an administrator and distributes the estate according to Maryland or D.C. intestacy law. The order of priority typically goes: surviving spouse, children, parents, siblings, and more distant relatives. Unmarried partners receive nothing under intestacy law.
Can probate be avoided entirely?
Yes — with proper planning. Assets held in a revocable living trust, accounts with named beneficiaries, jointly owned property with right of survivorship, and transfer-on-death designations all pass outside of probate. This is one of the primary reasons I recommend a comprehensive estate plan before it's needed.
Other Practice Areas
Ready to get started?
I'll walk you through your options — no pressure, no jargon. Just a plain conversation about protecting what matters most.