Frequently Asked Questions
About Probate

Probate is the legal process of proving a deceased person's will in court and administering their estate. If someone died without a valid will, the probate process handles estate administration and distribution according to Maryland law. During probate, the court appoints a Personal Representative to manage and distribute the estate.

Full probate typically takes 9 to 18 months depending on the county and complexity of the estate. However, the Personal Representative can often sell real estate well before probate closes, once Letters of Administration are issued. In Montgomery County, appointment commonly takes 30 to 60 days. In Prince George's County, full administration typically runs 9 to 12 months.

No. Once the court issues Letters of Administration to the Personal Representative, that person has legal authority to sell the house. Full probate completion is not required before listing or selling the property. The sale can move forward as long as the Personal Representative has proper authority.

A Personal Representative (also called an executor or administrator) is the person appointed by the court to manage the deceased person's estate. They have fiduciary responsibility to act in the estate's best interest. Not the family collectively. One person, with legal authority and duty.

Letters of Administration are the court document that grants the Personal Representative legal authority to act on behalf of the estate. Once issued, the Personal Representative can sign listing agreements, accept offers, and manage estate assets. This is the key document that enables a property sale.

It depends on the will. If the will includes a power of sale clause, the Personal Representative can usually sell without a separate court order. If there is no power of sale clause, the Personal Representative generally needs to petition the court for permission before the sale can close.

A power of sale clause is a provision in the will that authorizes the Personal Representative to sell real estate without additional court approval. If the will includes this clause, the sale process is simpler and faster. If it does not, court permission is typically required.

If someone dies without a will (intestate), the court appoints an administrator to manage the estate. Distribution of assets follows Maryland's intestacy laws, which prioritize surviving spouse, children, parents, and siblings in that order. The process is similar to probate with a will, but the distribution rules are set by law rather than the decedent's wishes.

Yes. Maryland allows as-is sales with proper disclosure. Whether repairs are worth the investment depends on the specific house and market conditions. Get both an as-is cash number and a renovated market number before deciding.

If you inherit a property with a reverse mortgage, the loan becomes due when the borrower dies. Heirs are not personally responsible for debt beyond the property value. You can sell the property, pay off the loan, or deed the property back to the lender. Most reverse mortgage contracts give heirs approximately 30 days to notify the lender and up to 6 months to satisfy the loan.

Keep homeowner's insurance active and notify the insurance company of the death. Vacant properties face higher risks of damage, break-ins, and vandalism. Check the property regularly. Enroll in Montgomery County's free land record alerts to monitor for deed fraud.

Deed fraud occurs when a criminal forges your signature, files fake paperwork with the county, and transfers your property into their name. Vacant and inherited homes are common targets. Check MDLandRec.net regularly and enroll in county land record alerts to catch fraudulent filings early.

Look for an attorney who handles Maryland estate administration regularly, not a general practice attorney who touches probate occasionally. Ask how many Montgomery County probate estates they have handled that involved real property, and whether they regularly work with the Rockville Register of Wills and Orphans' Court.

Look for an agent who has experience with Personal Representatives and court-supervised sales, offers both as-is and renovated market valuations, has relationships with contractors who understand probate timelines, and can provide real examples of past probate transactions with documented results.

Estates valued at $50,000 or less, or $100,000 or less if a surviving spouse is the sole heir, may qualify for small estate administration, a faster, simplified process that avoids full probate proceedings.

1. Locate the will and file it with the appropriate court, then secure the appointment of the Personal Representative. 2. Take a complete inventory of the decedent's assets at the time of death and have each valued. 3. Verify the taxes, debts, and settlement expenses of the estate and pay them. 4. Allocate the remaining assets to the correct beneficiaries.