Take The Mystery Out Of Probate Administration
At Griffin Selby Law PLLC, clients find helpful answers to their questions about estate planning and administration. I am attorney Karen M. Selby, and I bring experience and passion to the task of addressing probate-related questions such as the following:
If I am named executor (personal representative), what do I do first?
If death is approaching or if the person whose estate you will administer has already died, the most important thing you can do is to contact a probate law attorney as soon as possible. Could you try to handle the probate process yourself? Perhaps you could, but to protect yourself from breach of fiduciary duty claims or other types of probate litigation, you should have a lawyer’s guidance through the detailed requirements of estate administration. Your attorney can help you take the next steps: filing the will with the Register of Wills and filing a Petition to Administer the estate with the Orphans’ Court that will open the estate.
What if there is no named executor?
A close family member or someone else may petition the Orphans’ Court to be named the personal representative, or the court may appoint one.
Do all estates go through probate?
The vast majority of estates go through probate, which is supervised by the appropriate Orphans’ Court in Maryland. Even when one or more trusts take care of the distribution of most assets, there are typically at least some assets that are not included in the trust(s) and must go through probate.
Can probate be avoided?
Many people put assets into revocable living trusts in an attempt to avoid probate. However, it is very common for some assets to remain outside the trust. They still need to go through probate even when there are trusts in existence.
What if there is a dispute during probate?
The local Orphans’ Court or a district court will hear probate litigation cases. If you are a personal representative or a beneficiary of a will, protect your interests by staying in close contact with a knowledgeable lawyer who can help you resolve conflicts expeditiously and cost-effectively.
Bring More Questions About Probate To My Attention
I enjoy answering questions about estate planning and probate. Contact my law offices in Waldorf, Maryland, by phone or email. Call 202-844-5753 or send an email inquiry through this website. I will respond promptly, and we can schedule a free consultation at your convenience.