Probate Without a Will Legal Services in Severn, MD

We Specialize in Real Estate Probate

Losing a loved one is never easy, and it can be even more challenging when they have not left a will behind. If you are in need of legal assistance with the administration of probate without a will in Severn, MD, the Law Offices of William Trevillian, P.A. is here to help. Our experienced attorneys deeply understand the probate process, and we will work tirelessly to ensure that your loved one's assets are distributed according to Maryland law.

What Is Probate Without a Will?

Probate without a will refers to the legal process of distributing a deceased person's assets and settling their debts when they die without a valid will. In this case, the court will appoint an administrator to handle the process and distribute the assets according to the state's intestacy laws, which are a set of rules that dictate how assets are distributed among surviving family members.

What Property Is Subject to Probate in Maryland?

To settle an estate after someone dies in Maryland, all property titled only under the decedent's name must go through probate. This includes assets such as bank accounts, real estate, vehicles, and any other property in their name only. However, certain assets do not require probate and will pass on to the designated beneficiary upon the owner's death. These assets include jointly owned real estate, property in a trust, and retirement accounts and life insurance policies with designated beneficiaries.

How Complicated
Is the Probate
Process?

The complexity of the probate process depends on various factors, such as whether there's a will, if there are creditor claims, if tax elections need to be made, and if any trusts were created in the will. When someone dies without a will or is part of a blended family, it can create unique challenges during the probate process. Hiring a reputable probate litigation attorney and firm can help address these challenges and ensure the timely and legal distribution of assets, providing closure for the family.

Common Issues with Probate

If a loved one has assets solely in their name, probate is necessary to transfer them to beneficiaries, regardless of whether or not there is a will. Failing to start the probate process promptly can lead to complications such as missed tax filing deadlines, creditor claims against the estate, assets being transferred to the Maryland unclaimed property division instead of beneficiaries, and penalties for the executor.

How Is the Probate Process Different Without a Will

The probate process without a will, also known as intestate probate, is different from the probate process with a will because the deceased person did not leave specific instructions regarding the distribution of their assets. In such cases, the court will follow state laws to determine how the deceased person's assets will be distributed. The probate process without a will can take longer than the process with a will because the court will need to identify the deceased person's heirs, notify them of the probate proceeding, and ensure that all legal requirements are met before the assets can be distributed.

INTESTATE SUCCESSION

Every state has intestate succession laws designed to govern the distribution of assets when an individual dies without leaving behind a valid will. In Maryland, if a spouse survives the person who passed away but has no children, the spouse will inherit the entire estate. If they are survived by children but no spouse, the children will inherit the estate in equal shares. If both a spouse and children survive them, the spouse will receive the first $40,000 and 50% of the estate, while the children will divide the remaining 50% equally.

Contact Our Office

At the Law Offices of William Trevillian, P.A., we understand how overwhelming it can be to navigate the probate process without a will. Our experienced estate probate attorneys are here to provide you with the legal support and guidance you need to ensure that your loved one's estate is settled in accordance with Maryland law. In addition to probate without a will, we offer a wide range of legal services, including bankruptcy, criminal law, DUI and DWI, family law, personal injury, and more. Contact us to schedule a consultation and learn more about how we can assist you.

Request a Free Consultation

Call us now at 410-761-2430.