Howard County Probate Lawyer

Probate Attorney in Howard County

The legal process of administering someone’s estate after their death is called probate. The court supervises the process of organizing and distributing the estate’s assets. Every probate process is different depending on family dynamics and the estate’s complexity. A Howard County probate lawyer can guide you through the probate process.

As roughly 67% of Americans do not have an estate plan in place, speaking with an experienced lawyer is critical.

Why Hire an Experienced Probate Lawyer?

Probate is a complex legal process that can be overwhelming without proper legal guidance. When you are grieving the loss of a loved one, navigating the legal obstacles often associated with probate can feel exhausting. The experienced team at Liberty Legacy Law Group can help you through this challenging time.

Our team has a deep understanding of probate laws, and we can help ensure the process complies with all legal requirements, helping you avoid costly mistakes and delays.

What Has to Go Through Probate Court?

In situations where there is no will, everything you own will go through probate court. If there is a valid will, the following go through the probate process:

• Non-titled property. This is any property that does not have a formal title or deed. Typical examples include intellectual property, personal property, and leasehold interests. This often includes personal items that may have sentimental or nostalgic value to family members.
• Partner-owned investment property. If your will provides clear instructions, this issue is simplified. If there are no instructions, the court will determine how your shares are distributed.
• Sole ownership property. Property that is deeded only to you will go through probate to determine ownership.

What Does Not Have to Go Through Probate Court?

If the deceased made certain distinctions, probate may be avoided for the following:

• Items where a beneficiary is named. If a beneficiary is specifically named for an asset, such as a life insurance policy or retirement account, the asset transfers directly to that person.
• Payable on death (POD) or transfer on death (TOD) items. Items that are titled POD or TOD transfer directly to the named beneficiary. Items commonly include real estate, bank accounts, stocks, vehicles, and retirement accounts.
• Items included in a living trust. Any assets in the living trust are distributed to the named beneficiaries.
• Jointly titled property. Any jointly titled property with survivor’s rights passes directly to the survivor upon your death.

Who Manages the Probate?

The individual who manages the probate is called a personal representative or executor. They are either named in the will or by the court where the decedent lived in cases where there is no will. The court may select one of the following to serve as the administrator:

• A surviving spouse
• A surviving child
• An individual who is entitled to property
• Immediate family members
• Creditors who were owed money by the decedent
• Another individual of good character

Duties of the Executor or Administrator

In Maryland, the executor or administrator is referred to as the personal representative. The personal representative must complete several steps during the probate process. These typically include:

• Take control of the estate’s property
• Notify creditors with a claim against the estate
• Pay all outstanding claims that were submitted within six months of the date of the decedent’s death
• Notify all individuals named in the will or next-of-kin in cases where there is no will
• File an income tax return for the decedent and the estate
• Pay income taxes and wealth transfer taxes
• Create and file an inventory listing all estate property with the Register of Wills
• Prepare an account of the estate and file it with the Register of Wills
• Distribute funds to beneficiaries

FAQs

How Much Do Probate Lawyers Charge Per Hour?

Multiple factors impact how much probate lawyers charge. These tasks can include providing legal advice, communicating with heirs, and drafting court documents.

What Is the Difference Between an Estate Attorney and a Probate Lawyer?

The primary difference between an estate attorney and a probate lawyer is that estate attorneys plan for the client’s future, and probate lawyers deal with the after-death settlement process. A Howard County estate attorney focuses on estate planning for clients, like creating wills and trusts. A probate lawyer handles the legal process involved when someone dies. Both advocate for their clients and have skills in estate matters.

What Kind of Lawyer Do I Need to Probate a Will?

To probate a will, you will need a probate lawyer. Probating a will is a legal process in which the deceased’s will is validated, and their estate is settled. The will must be validated by the probate court. In Howard County, the probate process is handled by the Orphans Court located at 8360 Court Avenue, Elliott City, Maryland 21043. A Howard County probate lawyer can help with creating an inventory of assets, paying taxes and debts, and providing legal guidance.

How Much Does It Usually Cost to Probate in Maryland?

There are various fees associated with probate in Maryland; some are fixed, and some are dependent on the total gross value of the estate. If the value of the estate is between $100,000 and $500,000, the cost of probate is $200. The cost increases with the estate’s value. There are other fixed costs you may have to pay, such as Letters of Administration, claims fees, certified copies, and various other copies.

Contact a Howard County Probate Attorney

The probate process can be complex and feel overwhelming. The Liberty Legacy Law Group has extensive knowledge of probate laws. If you need help with the probate process, contact our office to discuss how we can help.