Have You Lost A Loved One?

By James A. Cleaver, Esq.

Alexander & Cleaver Professional Association

. https://www.alexander-cleaver.com

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Have You Lost A Loved One?

Know What Must Be Done Under Maryland Law To Manage His Or Her Assets After Death

Losing loved ones presents a deeply emotional time. Life will never be the same, and we all must cope with it at some point in our lives. Many believe when we finally lay our loved ones to rest, we can simply go into their home and take the items we want and split whatever money is left in their bank accounts. This is simply not the case. In most instances, no property can be obtained from a deceased person without going through a formal estate administration process – even if the person who died left a Will. 

Estate administration in Maryland refers to the legal process of conducting and distributing a deceased person’s assets and bills. The process typically involves identifying and appraising the decedent’s assets, paying off any legally enforceable debts and taxes owed, and distributing the remaining assets to the beneficiaries named in the decedent’s will (legatees) or as determined by Maryland law (heirs).

In Maryland, estate administration is typically supervised by the Register of Wills in the county where the decedent lived at the time of their death. The Register of Wills is the clerk to the Orphans’ Court (probate court) in their respective county. The Register of Wills is responsible for probating the decedent’s Will, appointing a personal representative to manage the estate, and overseeing the distribution of assets outlined in the decedent’s Will if they had one, or state law if there is no Will. Ultimately, any use of estate assets, including distributions of estate assets, must be approved by the Orphans’ Court.

If a person dies without a Will (intestate), the estate will be distributed according to Maryland’s intestacy laws, which determine the rightful heirs based on their relationship to the decedent. The General Assembly recently amended these laws to make inheritances more favorable for surviving spouses. Furthermore, on October 1, 2023, a new law came into effect permitting qualifying domestic partners to file the necessary paperwork to become registered domestic partners,  which entitles a surviving domestic partner to the same benefits as a surviving spouse under intestacy laws. 

The estate administration process in Maryland can be complex and time-consuming, especially if there are disputes among legatee/heirs or creditors. It is highly recommended to seek the assistance of an experienced estate administration attorney to address the legal requirements and guarantee that the decedent’s wishes are conducted legally in a timely and efficient manner.

Alexander & Cleaver has been assisting clients in estate administration for decades. Our firm has been there for countless clients in their times of need. If you, a family member, or friend need legal advice, or have questions about this article, please feel free to contact one of our attorneys at Alexander & Cleaver for a consultation at 301-292-3300.