You’re grieving, and now there’s paperwork. Your parent left a will, which puts you in a better position than many families, but having a will doesn’t mean you can skip the legal process. The estate still needs to go through probate in Maryland, and most people have never done this before. Grant, Riffkin & Strauss, P.C. in Rockville guides families through Maryland probate regularly, and the questions that come up in the first few weeks after a parent’s death tend to follow a pattern. Here’s what actually happens, in the order it happens, so you know what you’re walking into.
The Will Doesn’t Activate on Its Own
A common misunderstanding is that a will is self-executing. It’s not. The will is a set of instructions, but someone has to be authorized by the court to carry those instructions out. That person is called the personal representative (Maryland’s term for what other states call an executor or executrix). The will usually names who this should be, but the appointment isn’t official until the Register of Wills issues what’s called Letters of Administration or Letters Testamentary.
Until you have those letters in hand, you don’t have legal authority to access bank accounts, manage property, pay debts, or distribute assets. Banks, financial institutions, and title companies will all ask for your letters before they’ll deal with you. Getting this appointment is the first concrete step.
Filing with the Register of Wills
In Maryland, probate is handled at the county level through the Register of Wills and the Orphans’ Court. If your parent lived in Montgomery County, you’ll file with the Montgomery County Register of Wills in Rockville. If they lived in another Maryland county, you file in that county.
The filing requires the original will (not a copy), a certified death certificate, and a petition for probate. You’ll also need to provide information about the decedent’s heirs and beneficiaries, the estimated value of the estate, and who is nominated as personal representative. Maryland charges a filing fee based on the estate’s value, and the Register of Wills office can tell you the current schedule.
Maryland offers two tracks for probate: regular estate administration and small estate administration. If the probate estate (assets that pass through the will, not including things like jointly held property or accounts with named beneficiaries) is valued at $50,000 or less, or $100,000 or less if the sole beneficiary is the surviving spouse, you may qualify for the simplified small estate process. Small estates can often be resolved in a matter of weeks. Regular estates take longer because of notice requirements, creditor claim periods, and court oversight.
What the Personal Representative Actually Has to Do
Being named personal representative is a significant responsibility, and most people don’t realize how much is involved until they’re in the middle of it.
The personal representative’s duties include locating and securing all estate assets, notifying creditors, paying valid debts and expenses, filing tax returns, and ultimately distributing the remaining assets to the beneficiaries named in the will. In Maryland, you’re also required to file an inventory of estate assets with the Register of Wills within three months of your appointment. This inventory must list every probate asset and its fair market value as of the date of death.
The creditor notification process has specific requirements. Maryland law requires the personal representative to publish a notice to creditors in a newspaper of general circulation in the county where the estate is being administered. Creditors then have six months from the date of the decedent’s death to present their claims. You can’t distribute the estate and close it out until that creditor period has run.
There’s also an accounting requirement. For regular estates, the personal representative must file a first accounting with the Orphans’ Court within 12 months of appointment and subsequent accountings as the court directs. The accounting shows every dollar that came into the estate and every dollar that went out, along with proposed distributions to beneficiaries. The court reviews it, beneficiaries have a right to object, and the court either approves or requires modifications.
If this sounds like a lot, it is. And the personal representative is personally liable for mistakes. Distributing assets before the creditor period expires, paying debts out of order (Maryland has a statutory priority for claims), or failing to file required documents on time can all create liability that falls on the personal representative individually.
Assets That Don’t Go Through Probate
Not everything your parent owned is a probate asset. Understanding this distinction saves confusion and prevents unnecessary delays.
Jointly held property with right of survivorship passes automatically to the surviving owner. Bank accounts and investment accounts with named beneficiaries (payable-on-death or transfer-on-death designations) pass directly to those beneficiaries. Life insurance proceeds go to the named beneficiary. Retirement accounts like IRAs and 401(k)s pass to the designated beneficiary. Property held in a trust is distributed according to the trust terms, not the will.
These assets bypass probate entirely. The will has no control over them. This is why estate planning attorneys emphasize beneficiary designations and titling during the planning process. A well-structured estate plan can significantly reduce the size of the probate estate, which simplifies administration and can eliminate the need for probate altogether in some cases.
If your parent did estate planning with an attorney before they passed, the first thing to do is locate those documents and understand what was structured to avoid probate and what wasn’t. That determines the scope of what the personal representative needs to handle.
When Families Disagree
A will reduces the likelihood of disputes, but it doesn’t eliminate it. Disagreements over what certain provisions mean, whether the will reflects the decedent’s true wishes, or whether the personal representative is handling the estate properly can all arise.
Maryland allows interested parties to file a caveat challenging the validity of a will. The grounds are typically lack of testamentary capacity (the person didn’t understand what they were signing), undue influence (someone pressured them into the terms), or improper execution (the will wasn’t signed and witnessed according to Maryland requirements). Caveat proceedings go before the Orphans’ Court and can significantly delay the administration process.
Even without a formal challenge, disagreements between siblings about how to handle estate assets, whether to sell the family home, or how to interpret ambiguous language in the will are common. These situations benefit from having an attorney involved early, before positions harden and relationships fracture.
How Grant, Riffkin & Strauss, P.C. Helps Families Navigate Maryland Probate
Probate can be straightforward if the estate is well organized, the will is clear, and the family is in agreement. When any of those conditions aren’t met, the process gets complicated quickly. The personal representative doesn’t have to manage everything alone, and most shouldn’t try to.
Grant, Riffkin & Strauss, P.C. advises personal representatives and families through every stage of Maryland probate, from the initial filing with the Register of Wills through final distribution and closing. The firm handles the court filings, creditor notifications, inventory preparation, accountings, and tax coordination so the personal representative can focus on their family rather than learning probate law under pressure.