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Probate Without a Will in Maryland

This legal question related to probate in Maryland has been answered.

Location: Maryland  |  Law type: probate


My husband passed away on 8/18/2020 with no will. I was assigned as the personal representative for his estate. My deadline is near and I don't know how to do it. My husband only has money in the bank and  a van, nothing complicated and I have only one daughter. No one else claims for his estate other than the hospital where he stayed. 

Legal Solution

The response provided below is specific to probate in the jurisdiction of Maryland. If the response is inadequate, please submit a detailed inquiry.

Probate Without a Will in Maryland

Introduction: Understanding the Situation

The passing of a loved one, especially a spouse, is a challenging experience. The legal process that follows, particularly when there is no will, can be confusing and daunting. When handling the deceased's assets, especially in Maryland, understanding the probate process is crucial. Given your husband's assets include bank savings and a van, and considering the claims from the hospital, this guide aims to provide clarity on your next steps.

Relevant Probate Statutes in Maryland

  • Estates and Trusts Article, §5-103 - Administration of intestate estates.
  • Estates and Trusts Article, §3-101 - Requirements for a valid will.
  • Estates and Trusts Article, §7-203 - Claims against the estate.

For a comprehensive understanding of these statutes, you can visit the Maryland Legislature's official website.

Recommended Steps for Resolution

  1. Validation of Intestacy: Since there is no will, the estate will be considered "intestate". As the spouse, you will likely be the primary heir, with your daughter also being a direct beneficiary.

  2. Inventory of Assets: Compile an inventory of your husband's assets, including details of the bank account and the van.

  3. Payment of Claims: Address the hospital's claim as soon as possible. They might have a valid claim against the estate for unpaid medical bills.

  4. Distribution of Assets: After settling all debts, the remaining assets will be distributed according to Maryland's intestate laws.

  5. Seek Legal Guidance: Navigating probate can be intricate. It's always recommended to find the right lawyer who specializes in probate matters to guide you.

Probate Cost Breakdown in Maryland

Service Average Cost ($)
Filing the petition for probate 250
Legal consultation for probate process 1,450
Resolving claims against the estate 800
Distribution of assets 350
Miscellaneous fees (copies, postage) 75

Note: These prices are averages and might vary based on the complexity of the case. In Maryland, there might be additional fees or special regulations related to probate.

Clarification and Next Steps

Before proceeding, it's essential to ensure that all information presented is accurate. Could you provide more details about the claim from the hospital? Having this information will aid in determining its validity and priority. For a tailored solution, it's paramount to ask a free legal question on a platform that connects you to professionals.

Key Questions

  1. Have all the assets been identified? Ensuring you're aware of all assets will make the distribution process smoother.

  2. Are there any other potential claims on the estate? Apart from the hospital, understanding if there are any other debts or claims helps in prioritizing payments.

  3. Would you consider seeking legal representation? Engaging with probate lawyers can ease the process and ensure legal compliance.

Frequently Asked Questions

How long does the probate process typically take in Maryland?

The duration can vary based on the estate's complexity, but on average, the process takes 6 to 9 months. If there are disputes or complex claims, it can extend beyond a year.

If there's no will, who gets the assets?

In Maryland, if there's no will, the surviving spouse typically inherits the majority of the assets. However, children, especially minor children, might also have a right to a portion of the estate.

How are claims against the estate handled?

Claims are usually settled from the assets of the estate. It's essential to validate each claim before payment.

Do I need a lawyer for the probate process?

While it's not mandatory, having a lawyer, especially a probate lawyer, can ensure that you navigate the process correctly and efficiently.

Can probate be avoided?

In some cases, if the deceased's assets are jointly owned or have designated beneficiaries (like life insurance policies), they might bypass the probate process. However, it's always best to consult with a legal professional to determine the best course of action.


This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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Legal question "Probate Without a Will in Maryland" has been changed 8 months 2 weeks ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Maryland & area of law: probate.
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