If you need a probate and estate administration attorney in Dundalk, Bel Air, Downtown Baltimore, or Owings Mills, ROB GOLDMAN LEGAL SOLUTIONS is the law firm Marylanders turn to for calm, sensible advice and Peace of Mind.
If, after one dies, one has any assets in his or her estate, it is necessary to open an estate and go through some form of estate administration process, also known as “probate.” There are different type of estate administration procedures depending on the size of the estate and who are the beneficiaries and interested persons.
How long does probate take? It take about ten months to completely probate a typical regular estate, – if there are no issues that cause a delay. Although one does not have to be an attorney to probate an estate, most people find it preferable to have an experienced probate lawyer handle everything and make sure the estate is probated correctly, that the estate tax returns are filed, only those creditors who file claims are paid appropriately, and that the balance of the estate to be distributed is done so quickly and correctly. This approach also reduces the likelihood of family friction, withholding of information and misappropriation of estate assets. For more information on how to probate an estate, visit our Probate page and click on the link to our Probate Frequently Asked Questions page.
One can protect one’s property by keeping assets out of the probate estate, thereby protecting the assets against the claims of creditors. This requires some advance planning. Probate avoidance planning is part of the estate planning process. Since estate planning is one of the most important things you can do to protect your assets, you should not cut corners. Beneficial as probate avoidance may be, misplaced attempts to avoid probate can be disastrous. See our article: Risks to Consider in Trying to Avoid Probate. Always have a comprehensive “Rights & Options” consultation with your lawyer first to ensure that your attempt to address one concern does not create a larger problem.
Probate is the legal process by which the estate of someone who dies is administered through the office of the Register of Wills and the Orphan’s Court. The first step, after someone dies, is to determine whether there is a Will. If there is a Will, it must be handed in to the Register of Wills for the County in which the decedent resided when he or she died. That is usually done when the estate is opened. A Petition for Probate must be filed to open an estate, together with various supporting documents, such as a Death Certificate, the Will, an Information Report, an Inventory and a List of Interested Persons.
If you’d like to learn more about probate law, please check out our Probate Frequently Asked Questions page.
Contact us now to inquire about our probate related legal services.