How to Probate an Estate in Maryland
- 1). Open the estate in the Register of Wills office by filing a Petition for Administration (Form 1112) and Schedule A (Form 1136). Both forms are available at the Registry of Wills. You must be named the personal representative of the will to file these forms. If no personal representative has been named, you must first file a form requesting the court appoint a personal representative.
- 2). Compile an inventory of all property owned by the decedent and file that form with the court. The inventory must contain all property owned solely by the decedent as well as all property that the decedent owned as tenants in common. A tenant in common is a form of joint ownership, however the interest in the property passes to a decedent's heir when the decedent dies (unlike a joint tenancy where the property interest passes to the holders of the joint property). On the inventory, list the fair market value of the property. This must be filed with the court within three months of opening the decedent's estate.
- 3). Compile and file an information report. This report lists all property the decedent held jointly with another person and any and all assets that will not pass under the intestancy statute. The intestancy statute governs the distribution of property had the decedent died without a will. Property held as tenants in common and solely by the decedent would pass according to the intestancy statute. However, some assets would pass "under law." Assets that would pass under law (as opposed to the intestancy statute) include payment-on-death accounts, life insurance benefits, pension plans, property interests held in a life estate or a term of years. This document also must be filed within three months of opening the estate.
- 4). Compile and file an accounting report. The account report must be filed within nine months after opening the estate. This report details the beginning balance of the decedent's estate and any changes that have occurred from the date of death to the date the account is compiled. In the account, the personal representative must list distributions made, taxes paid, and remaining balance.
- 5). Wait six-months before closing the estate. Once the forms have been filed and the distributions have been made according to the decedent's will, the estate must remain open for at least six months. This time period allows any people who believe they have a claim against the will to file that claim against the decedent's estate. If no claims are made within the time period, the decedent's estate is closed and the probate process is completed.