It is not uncommon for people to want to avoid probate in Maryland, but for those who can’t, one of their main concerns is how long it will take to complete. So how long does it take, exactly? In general, it can take around a year, but this can vary depending on many different factors. While each probate case is unique, there are a few factors that can help you get a better idea of how long the probate process might take for you.
If you are currently dealing with probate following the death of a loved one, contact a Maryland probate attorney at The Law Office of Raymond E. Brown today. We have experience helping Maryland residents with a variety of estate planning matters, including probate, and can provide you with reliable legal support from start to finish. While we can’t make the process move any faster, we can save some time and definitely commensurate with you over the frustration of the entire process.
Call (443) 554-9944 to schedule a consultation with an attorney on our team regarding your case today.
How Much Does an Estate Have to Be Worth to Go Through Probate in Maryland?
Maryland law requires that all estate assets go through probate before being distributed unless the assets remaining following the decedent’s death are non-probate assets. Smaller estates may be able to go through probate faster than other, larger estates, but they will still likely have to go through probate proceedings regardless of their worth. That is, of course, unless the decedent took the appropriate measures to avoid probate, such as setting up trusts or sharing their assets with a joint owner.
It’s incredibly rare for someone to have no assets or liabilities at all when they pass, but in the case that there are no estate assets at the time of someone’s passing, then their estate may not have to go through probate.
How Long Does Probate Take in Maryland?
In Maryland, the probate process can take anywhere from several months to over a year to complete, depending on the specific circumstances surrounding a given estate. For example, small estates can be resolved in several months while regular estates have a step that requires six to nine months of delay before the next step can occur.
In general, the estate administration process begins when the executor, or personal representative of the estate, files a petition with the Register of Wills office, and it ends when the court approves the final distribution of assets. However, a lot can happen between those two events, and factors outside of the court’s control can prevent the probate process from continuing smoothly.
Factors Affecting the Length of Probate
The length of the probate process in Maryland can vary widely depending on several key factors. Understanding these factors is essential for managing expectations and preparing for potential delays in the probate process.
Complexity of the Estate
The duration of a deceased person’s probate process will largely depend on the complexity of his or her estate. Estates with numerous assets, diverse types of property, or intricate financial arrangements often require more time to inventory, appraise, and distribute, which can extend the probate process.
Remember, however, that having a number of non-probate assets, like life insurance policies, trusts, or certain joint bank accounts, can expedite the process or even avoid it altogether.
Presence of a Valid Will
Having a valid last will and testament can also expedite the probate process, as it provides clear instructions for how assets should be distributed and who should execute the decedent’s will. Without a will, the estate must be settled according to Maryland’s intestacy laws, which can seriously complicate and lengthen the proceedings.
Family Dynamics and Disputes
Complicated family dynamics and ongoing internal disputes can complicate and lengthen the estate administration process as well, increasing the amount of time needed to complete the probate process. Conflicts among heirs, challenges to the validity of the will, or disagreements over asset distribution can lead to legal battles that slow down the process.
Complicated family dynamics, like in the case of blended families, can also make it more difficult for the probate court to fairly distribute the decedent’s assets. Mediation or litigation between the personal representative of the estate and the other family members and interested persons in a given case can add months or even years to the probate timeline.
Debts and Liabilities
The personal representative of the estate must identify and settle all outstanding debts on the estate’s assets, which can include estate tax payments, inheritance tax payments, outstanding creditor claims, and fines on any unclaimed property. The division of probate assets may be delayed while debts are being paid, and disputes over the validity or amount of these debts can also lengthen the process.
Court Scheduling and Delays
Court scheduling and delays regularly affect the length of probate. Probate proceedings depend on the court’s availability, and any backlogs can cause delays for your case. Additionally, if any hearings or approvals are required during the process, waiting for court dates can extend the timeline further. These delays can also cause the personal representative of the estate to miss certain tax filing deadlines, which could further complicate matters.
How Long Does Probate Take With a Will?
If the deceased person has a valid last will and testament, probate typically takes about six and a half months to complete. The will helps provide clear instructions for executor appointment as well as asset distribution, which can help streamline the process.
How Long Does Probate Take Without a Will?
If the deceased person does not have a will, however, the probate process will take at least a year or even longer, depending on the complexity of the estate. Without a will, Maryland probate law requires the estate to be settled according to intestacy laws, which require the court to intervene and determine how assets should be distributed and who should be the personal representative of the estate.
Maryland Intestate Succession
Maryland intestate succession laws dictate how a deceased person’s assets are distributed if they die without a valid will. These laws establish a hierarchy of heirs, starting with the spouse and children, and extending to more distant relatives if necessary.
When there’s no Will, the probate court must take the time to identify and locate all rightful heirs, determine their shares of the estate, and resolve any disputes that may arise among potential beneficiaries. This added complexity can prevent probate assets from being distributed to beneficiaries in a timely manner, significantly extending the time required to complete probate.
Typical Timelines for Maryland Probate Process
It’s important to keep in mind that the probate timeline can vary significantly depending on the many unique circumstances surrounding a particular estate. However, all things considered, here are some of the typical timelines one might expect when dealing with Maryland probate:
Average Duration
The average duration of the probate process for a regular-sized estate can take anywhere from a minimum of nine months to a year plus to complete. A “regular estate” is an estate in which the assets are valued at $50,000 or more (or $100,000 or more, if the surviving spouse is the sole heir).
Expedited Probate
In Maryland, the probate process may be expedited if the estate is considered to be small. A “small estate” is an estate in which the assets are valued at less than $50,000 (or less than $100,000, if the surviving spouse is the sole heir). An expedited probate in Maryland can take between six to nine months to complete but may require more time, depending on the circumstances of the case.
Complex Estates and Lengthy Probate
Complex estates often require more time to go through probate and, as a result, may last more than a year. Things like asset appraisals, legal disputes, and additional court procedures can prolong the probate process, preventing assets from being divided amongst beneficiaries in a timely manner.
How Raymond E. Brown Can Assist with Probate
Probate can be complicated, requiring the personal representative of the estate to complete complex paperwork, send out notifications to creditors and potential beneficiaries, and inventory the decedent’s assets, among other things. Additionally, family members or other interested parties may have to file complicated motions in order to dispute certain probate issues.
If you are dealing with the many challenges of probate, a Maryland estate planning attorney at The Law Office of Raymond E. Brown can help you through it. Attorney Brown and his dedicated legal team use their experience in estate planning to help individuals through various aspects of the probate process, working to ensure that the estate administration process goes as smoothly and quickly as possible.
Call an Experienced Annapolis Probate Attorney at The Law Office of Raymond E. Brown Today
The probate process can be incredibly confusing, stressful, and time-consuming for many, which is why our team at The Law Office of Raymond E. Brown is proud to guide individuals through it from start to finish. With our vast knowledge of estate planning law and various legal resources at our disposal, we are dedicated to providing compassionate and knowledgeable support to our clients throughout the probate process and beyond.
Our team is committed to assisting you through all aspects of probate, from filing the initial petition to the final distribution of assets. We will work tirelessly to ensure that the probate process is painless and as efficient as possible, while also protecting your interests and the wishes of your loved one.
Ready to get started? Call our law office at (443) 554-9944 or reach out via our online contact form to schedule a confidential consultation with a member of our legal team today!
