The Law Offices of Evan J. Krame

...Representing Individuals and Businesses in the Protection and Preservation of Personal Wealth.

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WHAT IS PROBATE?

COMMON PROBATE QUESTIONS

What is Probate?

The term "Probate" refers to the manner of administering the property (the estate) of a deceased or incapacitated individual by a personal representative (PR) under the jurisdiction of one of Maryland's and Washington DC county probate courts.          

There are 5 Steps in a Probate:

  1. Filing Probate Petition and the appointment of the Personal Representative.

  2. Publishing Notice to Decedent’s Creditors.

  3. Inventory and Appraisal of Assets.

  4. Payment of Debts, Claims and Taxes.

  5. Final Distribution and Closing the Estate. 

Common Probate Questions

  • How much does Probate cost? 

Probate estate administration costs vary.  Costs will escalate according to the complexity of issues that effect the estate.  The average cost of probate is usually more than 5% of the gross value of the estate.  

  • How long does Probate take?

Again, the timeframe is dependant upon the complexity of the estate.  The quickest administration for the closing of an estate is approximately 5 months.  However, most estates will take at least one year.  

  • Are Probate court proceedings private?

No!  All probate proceedings are public and, as such, anyone can obtain your probate file and have access to all the details of your personal estate.

  • Does joint asset ownership avoid probate? 

Assets owned jointly by a husband and wife will pass to the surviving spouse upon the death of the first spouse.  However, those previously joint assets will now become “sole” assets and upon the death of the surviving spouse will be subject to probate. 

  • Does a Will avoid probate? 

Unfortunately, No.  All property that is controlled by your Will must go through the probate system.